loading…
loading…
loading…
This section will describe the purpose of the Medicaid program and discuss how the program is administered.
Medicaid was created on July 30, 1965 through Title XIX of the Social Security Act. Each state administers its own Medicaid program while the federal Centers for Medicare and Medicaid Services (CMS) monitors the state-run programs and establishes requirements for service delivery, quality, funding, and eligibility standards.
Medicaid is the name chosen by the Wyoming Department of Health for its Medicaid program. Medicaid is jointly funded by the federal and state government. The program is designed to pay for medically necessary health care services for low-income children and families and aged, blind and disabled persons.
The Wyoming Department of Health (WDH) is the state agency designated to administer Medicaid. The Department of Health contracts with the Wyoming Department of Health Customer Service Center to conduct eligibility determination for Medicaid.
Current Policy Effective Date: February 1, 2026
Date Last Reviewed: November 23, 2022
Previous Policy: December 1, 2022
POL M103: ELIGIBLE PERSONS
1. Consider the following persons potentially eligible for medical assistance:
Individuals who meet all Family Care requirements (42 CFR 435.110).
Individuals who meet all Family Care eligibility requirements except for an increase in earned income or child support (42 CFR 435.112, 42 CFR 435.115). Individuals referred by the Wyoming Breast and Cervical Cancer Early Detection Program requiring treatment for breast or cervical cancer whose income is less than or equal to 250% FPL ( 42 CFR 435.213 and Social Security Act§ 1902(a)(10)(A)(ii)(xviii).
Pregnant women (42 CFR 435.201, 42 CFR 435.116).
Children zero through the age of five whose family income is less than or equal to 154% of the FPL (42 CFR 435.118).
Children age six through the age of 18 whose family income is less than or equal to 133% FPL (42 CFR 435.118).
Children zero through the age of 18 who are covered by Medicare but meet the criteria of Child Zero through the age of five or Child Age six through the age of 18 (42 CFR 435.116).
Newborns (42 CFR 435.117): Born to a woman who is receiving medical assistance in the month of the birth, including Emergency Services for Aliens. OR Born to a woman who applies after the birth of the baby and in determining retroactive eligibility the mother is found to be eligible for medical assistance, including Emergency Services for Aliens.
Children in foster care (42 CFR 435.145).
Adopted children under a Title IV-E or State Subsidized Adoption agreement with DFS (42 CFR 435.145).
Elderly/disabled persons who reside in a Medicaid approved medical institution/hospital (Nursing Home) (42 CFR 435.236).
Individuals placed in the Geriatric Hall at the State Hospital in Evanston.
Individuals who meet 30 consecutive days of Inpatient Hospital Care (42 CFR 435.236).
Individuals age 19 or older who require Home and Community Based Services (HCBS), (Community Choices Waiver) under a federal waiver (42 CFR 435.217).
Individuals who require Home and Community Based Services (HCBS )(Comprehensive, Support, Acquired Brain Injury, and Children's Mental Health) under a federal waiver (42 CFR 435.217).
Individuals who are terminally ill and elect Hospice Care (42 CFR 435.236).
Individuals entitled to Medicare who have income of less than or equal to 135% FPL.
Individuals infected with tuberculosis. (42 CFR 435.215).
Individuals who incurred medical bills prior to the month of application may be eligible for retroactive medical assistance.
Employed individuals, age 16 through age 64, who are in receipt of Social Security disability payments, or have been determined disabled by the Social Security Administration, and whose income is less than or equal to 300% CAP (W.S. 42-4-115, -116) (Employed Individuals with Disabilities).
Individuals receiving SSI (42 CFR 435.120).
Individuals who lose SSI benefits due to the entitlement of SSA Widow/Widower benefits (42 CFR 435.137 - .138).
Individuals who were entitled to RSDI and eligible for and received SSI benefits concurrently but have lost SSI (PICKLE Program) (42 CFR 435.135).
Individuals age 18 or older and disabled prior to age 22 (Disabled Adult Child).
Individuals who are disabled or blind and are SSI eligible except for earned income (1619).
Individuals who are SSI eligible but do not receive a payment because they are in a licensed medical institution (EO1).
Defining Requirement: See Above
A & A - see Aid and Attendance.
AFDC (Aid to Families with Dependent Children) - A program in existence prior to 1/2/97 designed to provide financial assistance to children in need due to absence, unemployment of both parents or incapacity of one or both parents.
ARW - (Administrative Rules of Wyoming) - The Secretary of State's Office is the repository for rules and regulations, and provides this centralized system to promote transparency and ease of access to rules by state agencies and the public . Individual agencies who have rule making authority are responsible for the promulgation and content of rules and regulations.
ASVI (Alien Status Verification Index) - T he automated database maintained by the Immigration and Naturalization Service (INS) which may be accessed by State agencies to verify immigration status.
Absence -
A. Continued absence - when the parent is physically away from the home and is not exercising parental care and control, cannot be counted on to help plan the care and control of the child and the return to the home is not expected for at least 30 days (see Care and Control).
B. Temporary absence - When a client leaves the state with the intent to return to Wyoming within three months or meets the conditions specified in M601 or M605
Absent parent - any parent who is not providing care and control of the child(ren) or who cannot be counted on to function in the planning for the physical care, guidance and maintenance of the child(ren).
Access -
A. Ability, or potential ability, to obtain or make use of a resource or income;
B. Access is either restricted (requires the signature of another person or specifies the condition of disposal) or unrestricted (no other signature is required or condition imposed). (see Available)
Achieving a Better Life Experience (ABLE) Account - Type of tax‐advantaged account that an eligible individual can use to save funds for the Qualified Disability Expenses, who was blind or disabled before age 26. An eligible individual can be the designated beneficiary of only one ABLE account, which must be administered by a qualified ABLE program. Wyoming has not approved these accounts to be established in our state. However; this does not exclude Wyoming Medicaid from exempting an ABLE account from a state who has approved ABLE accounts in their state.
A. Qualified Disability Expenses - in general but not limit to education, housing, transportation, employment training and support, assistive technology and related services, health, prevention and wellness, financial management and administrative services, legal fees, expenses for ABLE account oversight and monitoring, funeral and burial; and basic living expenses.
B. Qualified Disability Expense ﴾QDE﴿ for housing - Housing expenses for purposes of an ABLE account are payments for mortgage ﴾including property insurance required by the mortgage holder﴿; real property taxes; rent; Heating fuel; Gas; electricity; water; sewer; or garbage removal.
Adequate notice - see Notice of adverse action.
Administrative hearing/Disqualification Hearing - a formal hearing conducted within established legal proceedings with a duly appointed hearing officer.
Adult - a person age 18 or older or a person under age 18 who meets the Wyoming emancipation laws.
Adverse action - a decision to deny, decrease or terminate the benefits.
Aged - A person 65 years of age or older.
Aged, Blind and Disabled – applies to individuals in need of professional care provided at home, in a nursing home, hospital or intermediate care facility for the mentally retarded. These groups are Nursing Home, HCBS, TB, Hospice, Inpatient Hospital Care, EID, QMB/SLMB, and the SSI Groups.
Agency error (AG) - an incorrect action or failure to take action by the Agency or a contractor of the Agency .
Aid and Attendance (A & A) - optional financial assistance available from the Veteran’s Administration (VA) for an applicant or recipient receiving care in a licensed and certified Medicaid facility as determined by WDH.
Alimony - see Support.
Annuity - An annuity is a contract or agreement where an individual receives fixed, non variable payments on an investment for a lifetime or a specified number of years. A commercial (non-employment related) annuity purchased by or for an individual using that individuals assets will be considered an available resource unless it meets exemption criteria outlined in Table 8 .
Applicant - a person, including an authorized representative, who expresses verbally or in writing a desire to make application for benefits and all individuals included in a completed, signed and filed application.
Application - the form on which a person indicates, in writing, the desire to receive assistance, provides information necessary for determining eligibility and informs the client of her/his rights and responsibilities.
Appointment of Conservator - the legal document appointing a conservator to care and manage the affairs of another person.
Appointment of Guardianship - the legal document appointing a guardian to care and manage the affairs of another person.
Assessment -
A. The act of evaluating a person, condition, resources or income.
B. For Medicaid, a determination of the total combined resources available to a married couple when one spouse enters a medical institution and the other spouse continues to live in the community.
Assignment of rights - Any assignment of the rights to support, or any assignment of rights to medical support and to payment for medical care from any third party. This assignment includes child and spousal support and is a condition of eligibility of POWER or Title IV Part E, Foster Care. This allows the state to retain support payments as partial reimbursement of public assistance expenditures made on behalf of the custodial parent and/or the child(ren).
Assistance Unit - consists of a person or persons who are living or traveling together and have a financial responsibility for one another.
Available - income and resources are considered when actually obtainable and when the applicant/recipient has legal interest in a liquidated sum and has the legal ability to make such sum available for support and maintenance. (see Access)
Average private pay rate - the average statewide cost of care for nursing facility services as determined by WDH.
Back to Top
BENDEX - Social Security Administration's Beneficiary Data Exchange System which provides the amount of RSDI benefits paid to people entered on the system.
BIA (Bureau of Indian Affairs) - an agency within the Department of Interior.
Barrier to sale - there is an inherent legal restriction on the right to sell, convey or transfer the client's share or ownership of a resource.
Beneficiary - an individual having a present or future interest, vested or contingent, in the income from or principal of a trust, also used to designate recipients of Social Security benefits.
Best estimate - the Benefit Specialist's best determination based on knowledge of past, current and future case circumstances which accurately reflects all facts known to the Benefit Specialist at the time.
Blind - an individual receiving benefits for the blind.
Blind work expense exclusion - an amount disregarded for items necessary to enable the blind person to work, including but not limited to, attendant care for transportation, durable medical equipment or prosthetic devices.
Bona fide -
A. For burial, a trust, contract or agreement specified for that express purpose and there cannot be other funds or items designated for burial;
B. An offer made in good faith without fraud or deceit;
C. A bona fide loan is one where there is a written agreement to repay the loan.
Bona fide effort to sell - the act of putting property up for sale at a reasonable price and providing verification of same.
Break-in-aid - a period of one or more months in which a client is not eligible and does not receive assistance.
Burial fund -
A. A resource specifically designated for burial of a specified person;
B. Bank account, life insurance policy or written agreement with a funeral home specifically designated for burial of a specified person and not commingled with funds not set aside for burial.
Burial plot - a grave site, the value of which may include opening and closing costs, a vault, crypt, urn, grave marker, etc. (aka burial space item)
Burial space item - burial containers, burial plot, casket, crypt, gravesite, arrangements for the opening and closing costs, headstone, markers or plaques, mausoleum, urn, niche or other repository customarily and traditionally used for the deceased bodily remains. A contract for care and maintenance of the gravesite, sometimes referred to as endowment or perpetual care, can be excluded as a burial space.
Business expenses - for self-employment, the costs directly related to the production of goods or services provided by the operation which are then subtracted from the gross income to determine the net income.
Buy-in - When Medicaid pays the Part A or Part B Medicare premium for the client, that process is called Buy-in.
Back to Top
COLA - cost of living increase.
CPS (Child Protective Services) - child welfare services performed by persons legally responsible for investigating suspected cases of child abuse and neglect and intervening in verified cases.
Care and control - when a parent or caretaker relative can be counted on to function in planning for and/or is giving the child(ren) physical care, guidance and maintenance as follows:
A. Guidance - parental participation in the responsibility for the child's development. Such participation includes, but is not limited to, attending school conferences, disciplining the child, participating in decisions concerning the child's well-being and involvement in the child's extracurricular activities.
B. Maintenance - typically synonymous with "support" as in provision of necessities such as food, clothing and shelter.
C. Physical care - providing continuous care for the child by performing tasks required in the child's daily life such as, but not limited to, bathing, feeding, dressing, assuring medical attention is received by the child, preparing meals, supervising the child's activities and assisting with other physical care needs.
Caretaker - an adult who may or may not be related to the Medicaid client and who is exercising the care and control of the Medicaid client .
Caretaker relative - a person who meets the definition of a relative and is exercising the day-to-day care and control of the child(ren).
Case manager (CM) - the individual designing and implementing the plan of care for Long Term Care or Developmentally Disabled clients who are receiving Home and Community Based Waiver Services.
Case record - includes the applicant's or recipient's case file and the information contained in WES.
Cash surrender value (CSV) - see Value.
Cash value - see Value.
Categorically eligible – applicants who are receiving assistance from SSI are automatically eligible.
Categorically needy - an individual required by federal law to be provided with medical services.
Change in circumstance - a change which affects the ongoing eligibility/benefit.
Child - a dependent between birth and 18 years of age who is not an emancipated minor or a minor parent.
Children’s Group - children zero through the age of five, six through the age of 18, Newborn and Foster children.
Claim - an eligibility system identification number which is made up of one or more overpayment months.
Claim number - the Social Security number (SSN) plus one or two alpha characters which indicate the primary beneficiary, the type of benefits paid and the designated recipient of the benefits.
Client error (CL) - a misunderstanding or unintended error on the part of the client .
Card management system (CMS) - the computer system used to perform various EBT functions.
Collateral contact - a verbal or interface verification of the circumstances of a Medicaid applicant or client by a knowledgeable person outside the household .
Color of law (aka Permanently Residing Under Color of Law [PRUCOL]) - used by the USCIS and applies to immigrants who are living in the U.S. with the knowledge and permission of the USCIS and whose departure from the U.S. the USCIS does not contemplate enforcing. Immigrant who entered the U.S.:
A. Lawfully in a status other than lawful permanent resident and who are assumed to be here permanently without being granted permanent resident status; or
B. Unlawfully but have resided here continuously since 1/1/72.
Commingled - a financial account in which exempt and nonexempt funds are mixed together.
Common Law Marriage - is one in which the couple lives together for a period of time and holds themselves out to friends, family and the community as "being married ," but without ever going through a formal ceremony or getting a marriage license. This is not recognized as a legal marriage in the State of Wyoming. However, Wyoming recognizes common-law marriages when entered into in other states or nations that recognizes common-law marriage. Refer to Table 5B for required documentation to prove common-law marriage.
Community spouse - a spouse who lives in a community, even when s/he is receiving HCBS benefits, whether inside or outside the state of Wyoming, when her/his married partner lives in a swing bed, nursing home facility or receives HCBS or Hospice services. If a spouse is living in a medical institution or nursing facility, they are not considered a community spouse.
Concurrent - occurring simultaneously or at the same time.
Confidentiality - the limitation of the use and disclosure of applicant and recipient information.
Conservator - a person designated by a legal document to take over and protect the interests of an individual whom is unable to manage her/his own affairs.
Continued absence - see Absence.
Continuous period - consecutive days of care in a medical institution.
Contribution - a voluntary or mandatory monetary or in-kind grant or aid provided by another person(s) which is not repayment for goods or services and is not given because of a legal obligation on the giver's part.
Contract for Deed – a contract between a seller and buyer of real property in which the seller provides financing to buy the property for an agreed-upon purchase price and the buyer repays the loan in installments
Cooperate - to comply with child support activities for adults under Family Care. Third party liability cooperation is required for all adults receiving Medicaid.
Cooperation - a client is working with the Child Support Authority (CSA) to establish medical support.
Cost of nursing facility services - the average statewide private pay rate for nursing facility services as of the previous 1/1 as determined by WDH.
Countable income - see Income.
Court of appropriate jurisdiction - a district, county or small claims court as determined by the amount of the overpayment, the circumstances of the case and the advice of legal counsel.
Court order - an order issued by the court and used by CSA to determine necessary enforcement action to collect a support obligation.
Current market value (CMV) - see Value.
Current month - see Month.
Custodian - an individual who has been appointed by the court to care for a person as reflected in a court order.
Back to Top
DAC - Disabled Adult Child age 18 or older who was receiving SSI due to a disability or blindness prior to her/his 22nd birthday.
DDS (Disability Determination Services) - a team composed of physicians/psychologists and disability examiners that determines whether or not an individual is disabled for SSA.
DFS - Department of Family Services
DVR (Division of Vocational Rehabilitation) - a division within the Wyoming Department of Workforce Services that offers services to assist in reaching employment goals agreed to by the agency and their client .
DWS (Department of Workforce Services) - the Department responsible for delivering services through public-private partnerships and a statewide network of job centers.
Date of action - the day the benefit will be issued, increased, reduced, denied or terminated. The date an action will be effective.
Date of application - the date the signed application is received and date stamped in by WDH or designated representative.
Date of discovery – the date the potential overpayment is identified by the eligibility worker.
Date of eligibility - the day benefits are required to begin.
Deem - to consider the income and resources of one person as the income and resources of a second person whether or not they are actually available.
Dependent child - see Child.
Dependent deduction - the difference between the federal SSI rate for the single person standard and the couple standard.
Developmentally disabled (DD) - one who is experiencing significant sub-average physical/emotional/mental functioning as verified by a medical professional or the WDH.
Disabled - A person with a medical determination to receive disability benefits paid through SSA or Railroad Retirement because of a disability considered to be permanent. This determination can also be made by WDH.
Disregard - an allowable deduction from earned or unearned income.
Distribution - a payment, in cash, from a trust to or for the benefit of the beneficiary or a third party.
Documentary evidence error (DE) - an error caused by an applicant or client when at least two written documents are in the case file which substantiate the client willfully and knowingly failed to report or reported incorrectly .
Dual Eligible - A client that is currently enrolled in both Medicare and Medicaid is considered to be dual eligible.
Back to Top
E01 - individuals who are SSI eligible but do not receive a payment as they are in a licensed medical institution.
EID (Employed Individual with Disabilities) - the program allows a low-income, working disabled individual between age 16 up to age 65 to continue to work and purchase medical coverage under the Medicaid work incentives improvement option.
EITC (Earned Income Tax Credit) - an amount of money either deducted from the taxes owed or paid as a refund resulting from filing a Form 1040 or 1040A tax return for a calendar year.
Earned income - see Income.
Edmund's Automobile Valuation Guide - the internet site which provides a used car value guide.
Elderly - a person who is 65 years of age or older (aka Aged).
Eligibility factor - a specified condition a client must meet to qualify or receive benefits.
Emancipation - the condition of being freed from parental care and control resulting from one of the following:
A. Lawfully recognized marriage.
B. Reaching the age of majority (age 18).
C. Military service.
D. Having received a declaration of emancipation pursuant to W.S. 14-1- 202 (See Financially Responsible).
Employment - an activity in which an individual works for wages.
Encumbrance - a claim or legal debt(s) against a resource which must be paid when the resource is sold and is supported by a written document.
Equity value - see Value.
Essential person - individual identified as essential to the welfare of the client by the Social Security Administration prior to the implementation of the SSI program in 1974.
Estate - resources and liabilities left by a person at death.
Ex Parte Renewal Process - The process of renewing Medicaid eligibility for beneficiaries based on reliable information contained in the beneficiary's account or other more current information available to the agency without requiring information from the beneficiary.
Exempt - a category of income, resources or circumstances not subject to program policy or limits and is not counted for eligibility purposes.
Back to Top
FICA (Federal Insured Contribution Act) - commonly known as the Social Security contribution deducted from wages and used for RSDI payments.
FPL (Federal Poverty Level) - guidelines for poverty level established annually by the Federal Office of Management and Budget.
Face value (FV) - see Value.
Facility (Nursing Facility) - a nursing home is more of a permanent residence for people in need of 24/7 care, while a skilled nursing facility is a temporary resience for patients undergoing medically necessary rehabilitation treatment.
Fair market value (FMV) - see Value.
Family care income standard - the maximum income, based on the number of members in a household unit, allowed for medical assistance.
Family care program - medical coverage for adults, including four or twelve month extended coverage.
Fee-simple - An interest in land that, being the broadest property interest allowed by law, endures until the current holder dies without heirs.
Financially responsible - answerable or liable by law for providing the funds to meet the needs of a spouse and/or child(ren) and, for medical assistance, the needs of an unborn (See Emancipation).
Fixed residence - a home or place in which an individual has or intends to live for a specific length of time.
Fluctuating income - see Income.
Foster child - a child who has been placed in DFS Custody, Tribal Custody, or in an approved/licensed facility.
Fractional Interest - also known as fractional ownership, is a way of expressing percentage-based ownership of a piece of real property. See Majority Owners and Minority Owners.
Fraud - documented misrepresentation, concealment or nondisclosure of information pertaining to an eligibility factor to obtain a performance payment, remain eligible for payment or to avoid a decrease in payment.
Full-time employment - see Employment.
Back to Top
Garnishment - a legal withholding of a specified sum from wages to satisfy a creditor.
General price list - summary from a mortician itemizing costs of goods and services for a burial or cremation.
Goldberg/Kelly - a Supreme Court decision requiring a client be given written notice prior to reduction, suspension or termination of SSI and allows payments to continue at the previous rate until a decision is made after a timely appeal is filed.
Good cause - a specified reason based on accepted standards supporting the individual's action and thereby eliminates the penalty which normally a sanction is imposed.
Grantor - the person giving the Trustee the legal right to manage a trust.
Gross income - see Income.
Guardian - a person appointed by the court to care for another person as specified in the court.
Back to Top
HCBS (Home and Community-Based Services) - home care services which are Medicaid reimbursable pursuant to a federal waiver.
HHS (Health and Human Services) - the United States Department of Health and Human Services.
HUD (Housing and Urban Development) - a U.S. government department.
HUD escrow account - an account established by HUD under the Family Self-Sufficiency (FSS) Program whereby participating families will have a portion of any rent increase which resulted from increased earnings credited to the account.
Health insurance plan - an individual or group insurance policy or contract or a medical or hospital service agreement or other health care delivery system for the purpose of paying for or reimbursing the cost of hospital and medical care.
Hit - a discrepancy found between WES data and the interface with records of other agencies such as IRS, wages and UIB, RSDI, SSI, State Retirement, Worker's Compensation, etc.
Home - for the purpose of eligibility for Long Term Care Medicaid and Medicare Savings programs, an individual's home is property in which he or she has an ownership interest and that serves as his or her principal place of residence, it can include any of the following:
the shelter in which he or she lives
the land on which the shelter is located
related buildings on such land
Homeless - the condition or lack of a permanent dwelling or lack of a fixed or home address.
Household furnishings - furniture, electric appliances, clothing and personal items owned by the household .
Household Unit - Persons included on a Medicaid application.
Back to Top
ICF/ ID - Intermediate Care Facility for the Intellectually Disabled .
IHC - Inpatient Hospital Care.
IIM - Individual Indian Monies.
INA (Immigration and Naturalization Act) - P.L. 99-603.
IRA (Individual Retirement Account) - a pension or plan that permits individuals to set aside savings that are tax free until retirement.
IRS (Internal Revenue Service) - the U.S. government tax collection agency.
Immigrant - a person residing in, and who is not a citizen of the U.S.
Impairment-related work expenses - an amount disregarded for items or services which are directly related to enabling a person with a disability to work and which are necessarily incurred by the individual because of a physical or mental impairment.
Incapacitated - a temporary or permanent condition of blindness, physical disability or mental incompetence determined by WDH.
Income - money received from any source but not any item specified in policy as a resource.
A. Contract income - earnings paid through an agreement with another; considered self-employment if the individual is paying her/his own taxes;
B. Countable income - the amount of income used to determine eligibility.
C. Earned income - payment received in cash or in-kind for wages, salary, tips, commissions as an employee, or net-profit from activities in which the individual is engaged as self-employed.
D. Exempt income - money set aside or free from program policy or limits.
E. Fluctuating income - monthly income that varies in frequency of receipt or amount each month due to working overtime, hourly pay with varying hours, receipt of tips or commissions, changes of hours or pay rate or decrease or increase in hours of work due to vacations, sick leave or seasonal employment.
F. Gross income - the total money the person receives prior to any deductions such as Social Security, withholding tax, garnishments etc.
G. In-kind income - the receipt of goods or services instead of money.
H. Irregular income - income the applicant/recipient cannot reasonably expect to receive.
I. Net income or profit - the gross receipts from self-employment less the current business expenses and/or the allowable income deductions.
J. Nonexempt income - all money received to which the program policy limits are applied.
K. Ongoing income - money received on a regular basis, no less frequently than monthly, and is expected to continue.
L. Self-employment income - earning one's own living directly from one's own profession or business rather than earning a salary or commission from another.
M. Stable income - income received in a set/fixed amount from the same source(s) on a regular basis and there is no additional income that fluctuates.
N. Unearned income - all money received that is not earned by providing goods and services or defined as a resource.
Income producing property - property essential to the production of goods and services, including stock (merchandise), inventory, tools, equipment, trucks, cars, earth moving equipment, etc. This property is used in a trade, business, or other income producing activity.
Incomplete report - any information furnished in writing, in person or by phone which concerns a change in circumstances but is insufficient to verify and/or act upon the change.
Indian land - real property owned jointly by the tribe or where the sale can be made only with the permission of other owners, the tribe or the BIA.
Individual's Immediate Family “Individual” means the applicant or client. - The individual's immediate family includes his or her:
• parents, including adoptive parents;
• minor or adult children, including adoptive and stepchildren;
• siblings (brothers and sisters), including adoptive and stepsiblings.
“Immediate family” also includes the spouse of the above relatives. If the relative's relationship to the recipient is by marriage only, the marriage must be in effect in order for the burial space exclusion to continue to apply. For example, a burial space held for a sister-in-law is no longer excludable if she and the recipient's brother divorce.
Ineligible - not entitled to receive a benefit due to failure to meet one or more of the specified conditions required by the program.
Initial eligibility determination - the act of evaluating each eligibility factor for each person applying for benefits, and finding the case eligible or ineligible during the initial processing period.
Initial month - see Month.
Institution - an establishment that furnishes (in single or multiple facilities) food, shelter and/or some treatment or services to four or more persons unrelated to the proprietor.
Institutionalized individual - an individual who meets one of the following criteria:
A. A patient of a nursing facility.
B. A patient in a hospital receiving swing bed services.
C. A patient receiving home- or community-based services furnished under a waiver.
Institutionalized spouse - a spouse who lives in a swing bed, nursing home facility or receives HCBS or Hospice services.
Insurance settlements - the money received by a person(s) from a company for damage of property or person.
Irrevocable - incapable of being canceled, rescinded, broken or changed by the action of either party.
Irrevocable income trust - a document appointing a person, known as a Trustee, to manage the grantor’s income placed in the trust.
Back to Top
Joint tenancy/Joint tenancy with survivorship - A tenancy with two or more co-owners who take identical interests simultaneously by the same instrument and with the same right of possession. A joint tenancy differs from a tenancy in common because each joint tenant has a right of survivorship to the other’s share (in some states, this right must be clearly expressed in the conveyance – otherwise, the tenancy will be presumed to be a tenancy in common.
Back to Top
Knowledgeable source -
A. A person who has a considerable degree of familiarity of a subject gained through experience with or association with the individual or subject.
B. For evaluation of a resource, a person who is professionally aware of the value of the property in the community.
Back to Top
LIEAP (Low Income Energy Assistance Program) - a 100% federally funded program that exists to partially meet the cost of home heating energy.
Late reporting - information not furnished when the change becomes known to the client or verifications which are not furnished within the allowable time frames.
Law enforcement - persons or agencies that require compliance with the principles and regulations established in a community under the authority of state and/or federal legislation and enforced by judicial decision.
Legal barrier - see Barrier to sale.
Legal encumbrance - a lien or claim on a resource which is recognized by law.
Legal obligation - an obligation, such as a court order, that would be upheld by a judge in a court of law, i.e., a divorce decree, an order issued through an administrative law judge, or a legally enforceable separation agreement.
Legal residents - l awfully residing in the United States.
Life estate - the rights of ownership belonging to an individual and existing until the individual's death but actual title or deed to the property belongs to another individual.
Life insurance - a contract on which the owner pays premiums during his lifetime and:
A. The company pays at least the face amount of the policy to the beneficiary upon the death of the insured.
B. The payment may include a loan or cash surrender value.
C. The payment may include accumulated dividends.
Likely to remain - a determination made by a public health nurse and/or case manager that an institutionalized person is expected to remain in an institution for 30 consecutive days or longer.
Liquid resource - see Resources.
Loan - a debt the borrower has an obligation to repay (See Bona fide).
Lump sum - a payment of earned/unearned money, i.e., payment of retroactive benefits such as, but not limited to, RSDI, lottery winnings, UIB, cash inheritances or workers compensation awards. It is the total amount received minus legal fees required to make the money available and minus the amount designated by the payer or source for medical expenses.
Back to Top
Magi (Modified Adjusted Gross Income) - The figure used to determine eligibility for lower costs in the Marketplace and for Medicaid and CHIP. Generally, modified adjusted gross income is your adjusted gross income plus any tax-exempt Social Security, interest, or foreign income you have.
Mail-In Application - A mail-in application is defined as any application that is mailed in by the individual, representative, or another agency.
Majority Owners - owners whose fractional interests of real property total 50% or more.
Mandatory - refers to a person(s) who is required to meet specified provisions within the law, rules and/or policy.
Marriage or married couple - a contractual relationship recognized by the State of Wyoming with a document, certificate or license or when SSA decides either of the couple is entitled to a Social Security benefit as a spouse.
Mass change - the act of affecting appropriate cases by issuing a new or revised policy caused by a change in state or federal law.
Medicaid - a federal and state funded program that provides health coverage for selected categories of individuals with low income and limited resources established under Title XIX of the Social Security Act.
Medicaid Eligibility Quality Control (MEQC) - a federally mandated process to monitor the administration of eligibility for State Medicaid programs.
Medical professional - a licensed physician, a psychologist or master's level mental health worker. This includes a physician's assistant, public health nurse, registered nurse, or licensed practical nurse.
Medicare Cost Sharing Groups - t his includes the Qualified Medicare Beneficiary and Specified Low-Income Medicare Beneficiary Medicaid programs.
Medicare Savings Programs (MSP) - special Medicaid programs for individuals receiving Medicare who have limited income and resources.
A. QMB (Qualified Medicare Beneficiary) - covered under Section 1902(a)(10)(E)(iii) of the Social Security Act. Medicaid pays for Medicare Part A and Part B premiums, deductibles and co-payments.
B. QDWI (Qualified Disabled and Working Individuals ) - covered under Section 1902(a)(10)(E)(ii) of the Social Security Act. Medicaid pays the Medicare Part A premium.
C. SLMB (Specified Low-Income Medicare Beneficiary) – covered under Section 1902(a)(10)(E)(iii) of the Social Security Act. Medicaid pays the Medicare Part B premium.
D. QI (Qualified Individual) - covered under Section 1902(a)(10)(E)(iv) of the Social Security Act. Medicaid pays the Medicare Part B premium.
Medicare Set-Aside (MSA) Account - m oney from a Workers’ Compensation or personal injury settlement that is set-aside for future medical care must be put into a special account called a Medicare Set-Aside (MSA) Account. When the money in the MSA Account is exhausted, Medicare will begin paying bills for the injury, but only if the money is spent properly. The Center for Medicare and Medicaid Services (CMS) reviews these account every year.
Mental health professional - a licensed psychologist or master's level mental health worker employed by a public or private human services organization or in private practice.
Minor - a person under age 18 who does not meet emancipation criteria in Wyoming laws.
Minor parent - a person who is under the legal age of 18 who is not emancipated and is either the parent of a dependent child living with him/her or is pregnant.
Minority Owners - owners whose fractional interests of real property is less than 50%.
Month -
A. Benefit month - the calendar month for which eligibility will be authorized and benefits issued.
B. Current month - the month in which eligibility is determined.
C. Initial month - the first month for which the clien t is authorized following any break in aid.
Back to Top
Net income - see Income.
Net profit - the gross receipts, less the current business expenses (See Business expenses and income).
Non-custodial parent - any parent who is not providing care and control of the child(ren) or who cannot be counted on to function in the planning for the physical care, guidance and maintenance of the child(ren).
Nonexempt - (countable) a category of income or resources to be used in budgeting or to which the program policy and limits are to be applied.
Notice of adverse action - a written statement which informs the applicant/recipient of the intended action to be taken, a change in their benefits, or closure of their case. This statement should include the reason and specific regulation(s) supporting the action, the date the action will occur and a statement of the person's right to request a hearing.
A. Adequate notice - a notice of action informing the applicant or client of a decrease or closure in benefits to be received by the household no later than the date the benefits would have been received.
B. Fifteen-day notice period - the fifteen days immediately following the day the notice is mailed per the date on the WES notice.
C. Timely notice - a notice of action mailed at least fifteen days before the date the action would become effective.
Numident - the tape of matched and unmatched Social Security numbers transmitted from the eligibility computer system and run against SSA files.
Nursing Home - a nursing home is more of a permanent residence for people in need of 24/7 care, while a skilled nursing facility is a temporary residence for patiets undergoing medically necessary rehabilitation treatment.
Back to Top
OBRA 93 - the Omnibus Budget Reconciliation Act of 1993, Pub. L. No. 101-66.
Ongoing eligibility determination - the act of evaluating each open case and finding the case eligible or ineligible based on the reported change in circumstances.
Ongoing income - see Income.
Open case - a client or household authorized in WES for medical benefits.
Out stationing facility - facility designated by WDH to give medical information and/or accept medical applications.
Overpayment/Over-issuance - benefits issued to a client for the benefit month which exceeds the amount for which the client was eligible.
Back to Top
POSSE (Parental Obligation System for Support Enforcement) - the child support enforcement computer system.
Parent - an individual who has established a parent-child relationship under W.S. 14-2-501.
Parental support - see Support.
PASS account - an account set up by an SSI recipient for the specific purpose of fulfillment of a Plan for Achieving Self-Support under Title XVI of the Social Security Act.
Paternity - a legal relationship existing between a child and his natural, legal or adoptive father per W.S. 14-2-501 b .
Patient contribution - the monthly amount the Aged, Blind and Disabled individual must pay to the cost of care/services.
Payee - the person in whose name the benefit is issued.
Payment - the act of giving a check or warrant to the grantee or the legal representative.
Payment Error Rate Measurement (PERM) - A federally mandated process to measure improper payments in Medicaid and State Children’s' Health Insurance programs. In addition to reviews of claims data, PERM contains an eligibility portion to measure payment errors as a result of improper eligibility determination and eligibility processing.
Periodic review - a review conducted, as designated in policy, to determine continued eligibility. Documentation should be entered in the case file to acknowledge the review occurred.
Perjury - a willful false statement of a material fact, swearing to what is untrue or omitting to answer all questions under oath.
Personal injury insurance - protection purchased from a company for the payment of cash upon occurrence of an injury or accident and is not for repair, replacement or medical expenses.
Personal needs - a monthly amount of income a Medicaid individual in a nursing home retains to pay for required personal items.
Personal property - all things owned or possessed excluding land and building affixed thereto.
PICKLE Amendment - a federal law requiring Medicaid coverage for an individual who lost SSI for any reason and would remain eligible for SSI if the RSDI cost of living adjustment (COLA) was deducted from her/his income.
Power of Attorney (POA) - a written document a person signs appointing another person to legally act on behalf of or perform duties as if s/he was the person taking the action.
Presumptive eligibility - approval from a qualified provider or qualified hospital for temporary medical services for certain Medicaid programs until an application can be approved or denied by the WDH Customer Service Center.
Primary beneficiary - a person who has worked the specified number of quarters in covered employment and is eligible for retirement or disability benefits from SSA in his/her own right.
Primary evidence - a document or record of an official government agency or public institution accepted in a judicial proceeding as establishing the truth.
Promissory Note - a promissory note is a written, unconditional agreement whereby one party promises to pay a specified sum of money at a specified time (or on demand) to another party. It may be given in return for goods, money loaned, or services rendered.
Property - both real and personal resources owned by the family unit.
Property Agreement - a pledge of security of particular property for the payment of a debt or the performance of some other obligation within a specified period. Property agreements on real estates generally are referred to as mortgages but also may be called real estate or land contract, contracts for deed, deeds or trust.
Prorate - divide or distribute proportionally:
A. Based on days of eligibility for initial months of eligibility.
B. To determine months of ineligibility because of receipt of a lump sum.
C. To average income over intended period of use for self-employment or contractual income.
Prospective budgeting - using the best estimate of the income and circumstances that will exist in the benefit month to determine eligibility and to compute the benefit.
Prospective eligibility - the method of testing income, expenses and circumstances for a future benefit month against specified conditions or factors when eligibility requirements are met.
Public assistance - any program where income and/or resources are tested to determine eligibility, i.e., POWER, SSI, Food Stamps, Child Care and medical assistance, etc.
Public institution - a governmental establishment, or an establishment over which a governmental unit exercises administrative control, that furnishes (in single or multiple facilities) food, shelter and some treatment or services to persons unrelated to the proprietor. The following are public institutions in Wyoming: State Hospital, Wyoming Life Resource Center , State Penitentiary, Women's Center, Honor Farm, Girls' School, Boys' School, and city/county jail facilities.
Pursuit - the act of seeking, obtaining or accomplishing the payment of child support through commonly accepted child support enforcement procedures.
Back to Top
Q DWI ( Qualified Disabled and Working Individuals ) - see Medicare Savings programs.
QMB ( Qualified Medicare Beneficiary) - see Medicare Savings programs .
Qualified immigrant - A qualified immigrant means an immigrant who is in one of the following categories as determined by the United Stated Citizenship & Immigration Services (USCIS):
A. Lawfully admitted for permanent residence (LPR) in the United States (holders of green cards). This category includes "American immigrants" as defined under section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988;
B. Granted asylum under section 208 of the Immigration and Nationality Act (INA);
C. Refugee admitted to the United States under section 207 of the INA (the Trafficking Victims Protection Act of 2002 (Public Law 106-386) requires victims of a severe form of trafficking to be treated as refugees for food stamp purposes);
D. A refugee, asylee, one whose deportation is withheld for up to seven years upon entry into the U.S. or a parolee for up to one year after entry into the U.S.
E. Paroled into the United States under section 212(d)(5) of the INA for at least one year;
F. Deportation is being withheld under section 243(h) of the INA as in effect before 4/1/97, or removal is withheld under section 214(b)(3) of the INA;
G. Granted conditional entry under section 203(a)(7) of the INA as in effect before 4/1/80;
H. Cuban or Haitian entrant under section 501(e) of the Refugee Education Assistance Act of 1980; or
I. Under certain circumstances, a battered spouse, battered child or parent or child of a battered person with a petition pending under 204(a)(1)(A) or (B) or 244(a)(3) of the INA.
J. U.S. military connection (veteran, active duty, spouse or unmarried dependent child);
K. Lawfully in the U.S. on 8/22/96 and age 65 or older;
L . Canadian born Indians under 289 of the INA;
M. Afghan or Iraqi Special Immigrants status under section 101 (a)(27) of the Immigration and Nationality Act (INA) shall be available to refugees admitted under section 207 of such Act.
N. Compacts of Free Association (COFA) - Citizens from the Federal States of Micronesia, the Republic of the Marshall Islands and Palau who lawfully reside in the United States.
Qualified Individual (QI) - see Medicare Savings Programs.
Qualified Long-Term Care Partnership Policy - A policy that meets all of the following requirements:
A. The policy covers a beneficiary who was a Wyoming resident or resident of another partnership state when coverage first became effective under the policy;
B. Is a qualified long-term care insurance policy as defined in Section 7702B(b) of the Internal Revenue code of 1986 issued not earlier than the effective date of the State Plan amendment;
C. The Department of insurance has certified that the policy meets the model regulations and requirements of the national Association of Insurance Commissioners model specified in paragraph (5) of the title VI, section 6021 of the federal Deficit Reduction Act of 2005
D. The policy meets the inflation protection federal requirements set forth in section 1917(b)91)(C)(iii)(IV) of the Social Security Act.
E. The policy was issued or amended no earlier than July 1, 2009
Qualifying quarters - quarters of coverage under Title II of the Social Security Act, including quarters worked by the immigrant, a parent while the immigrant was under 18 and quarters worked by a spouse while married to the immigrant, and has not received government benefits.
Quality Assurance (QA) - Evaluating overall performance on a regular basis to provide confidence that the relevant quality measures and standards are satisfied.
Quality Control (QC) - Monitoring specific results to determine if they comply with relevant quality standards and identifying ways to eliminate causes of unsatisfactory performance.
Quarter - three calendar months - January through March, April through June, July through September and October through December.
Back to Top
RSDI (Retirement, Survivors and Disability Insurance) - insurance through the Social Security Administration under Title II of the Social Security Act.
Real property - land and buildings or immovable objects permanently attached thereto; land, and generally whatever is erected, growing upon or affixed to the land.
Reapplication - the completion of an application in writing requesting assistance after being ineligible for benefits for more than one calendar month or, for FS, following a break in participation.
Reasonable appraisal - a value given by a knowledgeable source close in amount to the similar property values in the community or is logical using prudent person judgment.
Reasonably expected - the condition of being in agreement with the belief an event will occur.
Recipient - a person who is eligible for and receiving benefits in her/his own behalf or in behalf of others.
Recover - to collect a payment issued for which the person(s) was not eligible.
Redetermination - to re-verify each factor of eligibility, establish a new best estimate of income, when applicable, make a decision of eligibility and benefit amount based on the verified information and performance standards and enter documentation in the case record when a change in circumstances is reported.
Reinstate - to restore the c lient to eligible status when the client is determined eligible based on new information, or an administrative hearing has been requested timely .
Relative -
A. An individual who is through marriage, blood relationship, or court decree, the grandparent, great-grandparent, sibling, aunt or uncle of a child;
B. Any blood relative, including those of half-blood, first cousins, nephews and nieces and persons of preceding generations denoted by prefixes of grand, great or great-great are included in this definition;
C. Stepmother, stepfather, stepbrother and stepsister;
D. Adoptive or natural parents and their adopted or natural children;
E. Siblings, including those related through adoption; and
F. Spouses of any person mentioned above are considered relatives even though the marriage may be terminated by death or divorce.
Rental expenses - costs necessary for the production or collection of rental income, including interest on debts, state and local taxes on real and personal property, general sales taxes, expenses of managing or maintaining the property interest and escrow portions of a mortgage payment, real estate insurance, repairs, lawn care, snow removal and advertising for a tenant.
Resident - a person who lives or dwells in Wyoming for a continued period of time with the intent to reside permanently in the state.
Resource - Any physical property, financial accounts, or other liquid possessions.
Restitution - full payment of assistance paid in error.
Room and/or board income - money received from providing rooms and meals, if a boarder.
Back to Top
SAVE (Systematic Alien Verification for Entitlement) - the USCIS program whereby state agencies may verify the validity of documents provided by immigrants applying for public assistance benefits by obtaining information from a central data file.
SDX (State Data Exchange System) - used to notify the State of the people eligible for SSI.
SHP - State Hospital Placement.
SLMB (Specified Low-Income Medicare Beneficiary) - see Medicare Savings Programs.
SS 5 - an application for a Social Security number and card.
SSA (Social Security Administration) - a division of the U.S. Department of Health and Human Services that administers federal social security programs.
SSI (Supplemental Security Income) - the program funded under Title XVI of the Social Security Act.
SSN (Social Security number) - the account number assigned to all persons who apply and will be used to accumulate work history and contributions for payment of Social Security benefits.
SVES (State Verification and Exchange System) - an automated system which allows rapid access to SSA and SSI information.
Sanction - for Family Care, a restrictive measure or penalty imposed against a recipient for failure to cooperate with the child support authority, or with WDH's third party liability unit.
School - an elementary school, a secondary school or the equivalent to a secondary school or high school.
Secondary evidence - a document or record of a declaration of fact by individuals or entities that have no responsibility to establish the fact and is inferior to primary or best evidence.
Self-employed - when an individual earns her/his living directly from her/his own profession or business AND pays her/his own taxes rather than earning a salary or commission from another.
Sibling - brother, sister, stepbrother, stepsister, half brother, half sister and adopted brother or sister.
1619 Individual - Section 1619 of the Social Security Act provides benefits for disabled or blind individuals who are SSI eligible except for earned income.
Special needs - a child who is less than 18 years old who is developmentally disabled or has a mental or physical incapacity which limits her/his ability to care for herself/himself.
Sponsor - any person or any public or private organization that has executed an "affidavit of support" (USCIS Form I-134) or similar legally binding agreement to support an immigrant as a condition of the immigrant's admission for permanent residence in the U.S. An immigrant may have more than one sponsor.
Sponsored immigrant - an immigrant lawfully admitted for permanent residence into the U.S. and for whom an affidavit of support has been executed.
Spousal maintenance allowance - the amount deducted from the patient contribution for the needs of the community spouse established each January 1 by CMS.
Spousal resource allowance - an amount set by CMS each January 1 as the maximum resources necessary for a community spouse to maintain himself/herself in the community.
Spousal support - see Support.
Stable income - see Income.
Statement - a formal declaration of the circumstance(s) as requested by the agency.
Statute of limitations - the time allowed in the Wyoming statutes in which court action may be initiated and there is no limitation for debts owed to the state of Wyoming.
Stepparent - the spouse of a natural or adoptive parent, who is not a natural or adoptive parent.
Strike - any concerted slowdown, interruption of operations by employees or any stoppage of work by employees, including a stoppage by reason of the expiration of a collective-bargaining agreement.
Support -
A. Alimony/Spousal support - a court or voluntary payment made to an individual by his/her spouse/former spouse;
B. Child support - a court ordered or voluntary payment made by a non-custodial parent for his/her child(ren) to assist with day-to-day maintenance;
C. Military allotment - the military payment allocated as support for a service person's dependents.
D. Parental support - providing to one's child the necessities such as food, clothing, housing, health and medical needs and is usually meant to be provided by expenditure of money or by in-kind unearned income.
Swing bed - a bed in a rural hospital with less than 50 beds that can be used for skilled or intermediate nursing home care and licensed and certified by WDH.
Sworn statement - declaration under penalty of perjury the written information is true and correct.
Back to Top
TPL (Third Party Liability) - an individual, entity or program that is or may be liable to pay all or part of the medical costs of injury, disease or disability of a client.
TPQY (Third Party Query) - an automated system which allows rapid access to SSA and SSI information.
Temporary absence - see Absence.
Tenancy in common - A tenancy by two or more persons, in equal or unequal undivided shares, each person having an equal right to possess the whole property but no right of survivorship.
Terminate - to close a case and/or an individual from a program; to end the certification period before the scheduled time of expiration.
Timely reporting - when information is provided either in writing, in person or by telephone within ten days of the day the client becomes aware of the change in circumstances.
Trafficking -
A. For victims, a commercial sex act is induced by force, fraud or coercion or in which the person induced to perform such an act has not attained 18 years of age and the recruitment, harboring, transportation, provision or obtaining of a person for labor or services through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery;
B. For fraud, illegally trading, buying or selling Food Stamp benefits.
Trust - a property interest held by one person for the benefit of another.
Trustee - any person(s) appointed by the instrument creating the trust, or any person appointed by the court to administer the trust. (AKA grantee)
A. Trustor - the person who sets aside resources by placing them in a trust. Also known as donor, grantor or settler; and
B. Beneficiary - the person(s) who benefits from the trust during the life of the trustor and/or who benefits upon the death of the trustor. Any person(s) appointed by the instrument creating the trust, or any person appointed by the court to administer the trust (aka grantee).
Back to Top
UIB - Unemployment Insurance Benefit.
U.S. (United States) - defined in a geographical sense as the continental United States, Alaska, Hawaii, Puerto Rico, Guam, U.S. Virgin Islands and Northern Mariana Islands.
USCIS (United States Citizenship and Immigration Services) - the U.S. agency responsible for admitting and assigning residence status to people entering the U.S. from other countries.
Unavailable - income and resources
A. Money from a lump sum incapable of being used for day-to-day needs of the household because it was spent or lost as the result of a disaster which was beyond the family's control; or
B. A jointly owned resource the second party refuses to sell and each owner does not have the legal right to sell his/her share; or
C. The resource is inaccessible because a legal barrier or restriction exists; or
D. Income inaccessible to the client because s/he does not have a legal interest in or is tied up in divorce or other legal action.
Uncompensated Value - see Value.
Undocumented Non-Citizen - a foreign national who:
A. Entered the U.S. without appropriate documentation; or
B. After entering legally as a documented non-citizen, remains in the U.S. after documents expired or were revoked.
Undue hardship - when an individual would be forced to go without life sustaining services altogether or as otherwise determined on the basis of criteria.
Unearned Income - see Income.
Unpaid principal - the balance to be paid on an agreement to buy or sell.
Back to Top
VA - the Veterans Administration of the U.S.
VISTA - Volunteers in Service to America.
Value - the monetary worth of a good or service.
A. Cash surrender value (CSV) - the amount the insurer will pay upon cancellation of the policy before death of the insured or before maturity of the policy.
B. Cash value -
1. For resources, the amount that would be paid if the resource were sold or converted to cash;
2. For income, the amount of the income or the value assigned to the service rendered for in-kind income.
C. Current market value (CMV) - the amount for which the property can be expected to sell for on the open market in the community at the time of determination or at the time of transfer or sale.
D. Equity value - the CMV or FMV less any legal debts or encumbrances. For vehicles the equity value is FMV or trade-in value less encumbrances.
E. Face value - the basic death benefit of an insurance policy exclusive of dividend additions or amounts payable due to accidental death or other special provisions.
F. Fair market value (FMV) - the amount of money the sale of property would currently (or at the time of transfer) bring on the open market in the community where the property is located.
G. Trade-in value - for vehicles such as automobiles, trucks, vans and motorcycles, it is the trade-in value according to the Edmund's Automobile Valuation internet site or the lower of two reasonable appraisals of the amount that would be given if the vehicle was exchanged for another or turned in.
H. Uncompensated value - the current market value less the gross sale price.
Vendor - the person or business that provides goods or services to the recipient or on behalf of the recipient.
Vendor payment - the amount paid o n behalf of a household which the household cannot convert to cash to meet its needs.
Verification - the act of confirming or proving a fact to be true by obtaining documentation.
Back to Top
WDH - the Wyoming Department of Health.
WES - Wyoming Eligibility System.
WHIPP - Wyoming Health Insurance Premium Payment program.
WIA (Workforce Investment Act) - the federal training act, which replaced the JTPA (Job Training Partnership Act) programs.
WIC (Women, Infants and Children) - supplemental nutritional program administered by the Wyoming Department of Health.
WOLFS - Wyoming On-Line Financial System.
Widow/Widowers - Individual between age of 50 and 64 who was receiving SSI benefits and lost SSI due to receipt of Widow Widowers benefits.
Wyoming Life Resource Center - Formerly Wyoming State Training School.
This section will describe the factors requiring verification, how to verify eligibility factors, how to properly document eligibility factors, and which evidence may be used in determining eligibility.
This section will describe the eligibility factors requiring verification and discuss the methods that may be used to verify these eligibility factors.
Current Policy Effective Date: July 1, 2023
Date Last Reviewed: July 31, 2023
Previous Policy: April 1, 2023
POL M301A: FACTORS REQUIRING VERIFICATION
1. Citizenship And Identity Must Be Verified Within 90 Days
Medicaid applicants who declare U.S. Citizenship and identity, have 90 days to provide verification from the date of approval. Refer to Medicaid Table 5 for evidence of citizenship and identity except for the following programs that do not have this verification requirement:
Emergency Services. Basic Foster Care. Institutional Foster Care.
2. Citizenship And Identity Verification Not Required
Verification of citizenship and identity has already been documented by the Social Security Administration; for that reason, verification is not required for the following Individuals:
Entitled to Supplemental Security Income (SSI). Entitled to Social Security Disability. Entitled to or enrolled in Medicare.
Verification of citizenship and identity is not required for a newborn of a Medicaid eligible mother.
Verification of citizenship and identity is not required when documentation has already been provided for a previous application or can be verified by reliable information available to the Department.
3. Date Of Birth Must Be Verified
Any electronic source or document that verifies citizenship and lists the applicant's date of birth can be used to verify date of birth. Refer to Medicaid Table 5 for evidence of citizenship.
4. Social Security Number Must Be Verified
SSN can be verified via the following electronic sources:
SDX
SOLQ-I
SVES
A Social Security card can be used as hard copy verification of SSN.
5. Eligibility Must Not Be Delayed
Eligibility determination must not be delayed while verification for other programs is pending.
6. Age Must Be Verified
Age must be verified using primary or second level documents for the Aged, Blind or Disabled Programs. Refer to Medicaid Table 5B .
7. Income Must Be Verified
Income must be verified using primary or secondary evidence sources. Refer to Medicaid Table 5B .
A report of zero income must be verified through electronic sources for any household member age 14 and over.
Verification of income is not required for the Medicare Savings Programs when an application is received from the Social Security Administration (SSA), referred to as the MIPPA file. Post eligibility electronic verification is used when there is conflicting or incomplete information provided by SSA.
8. Income Deductions Must Be Verified
Tax deductible adjustments to income for MAGI programs must be verified at application and renewal or when the deduction is added to the case.
Client can request the deduction not be included in the calculation if they cannot provide verification.
Deductions that do not make a difference in eligibility do not need to be entered into WES or verified.
9. Resources Must Be Verified
Resources must be verified for the Aged, Blind or Disabled (except for the Employed Individuals with Disabilities (EID) and Medicare Savings Programs, using primary or secondary evidence sources. Refer to Medicaid Table 5B .
Verification of resources is not required for the Medicare Savings Programs when a MIPPA application is received from the Social Security Administration (SSA). Post eligibility electronic verification is used when there is conflicting or incomplete information provided by SSA.
Defining Requirement: 42 CFR 435.940
42 CFR 435.945
42 CFR 435.948
42 CFR 435.952
42 CFR 435.953
42 CFR 435.955
42 CFR 435.960
1. Verification is defined as the act of proving a fact to be true by obtaining documentation.
2. Clients who were issued on Medicaid prior to 01/01/2014 can have DOB, SSN, Citizenship and Identity changed to Collateral Contact in WES as these items were verified by DFS on the original application.
Verifying Eligibility Factors
1. Refer to Section M301B for information on how to verify eligibility factors.
Current Policy Effective Date: July 1, 2023
Date Last Reviewed: June 28, 2023
Previous Policy: January 1, 2014
POL M301B: VERIFYING ELIGIBILITY FACTORS
1. Vital Statistics Services Portal Can Be Used To Verify Citizenship
Verification of citizenship can be obtained by using the Vital Statistics Services Portal . Refer to Medicaid Table 5 for acceptable verification of citizenship.
2. Revenue Information System (RIS) Can Be Used To Verify Citizenship and Identity
Verification of citizenship and identity can be obtained by using the Revenue Information System (RIS) through the Mainframe at the TPX menu. Refer to Medicaid Table 5 for acceptable verification of citizenship and identity.
3. Evidence Must Be Collected to Establish Eligibility
Evidence must be collected to meet documentation and verification requirements for all eligibility factors. Refer to Medicaid Table 5 , Table 5A , Table 5B and Table 6 for proper documentation.
4. Prior Cases May Be Used To Verify Some Eligibility Factors
Documentation from prior cases may be used for factors not subject to change, such as SSN, date of birth, citizenship, or identity.
5. System Interfaces And Electronic Resources May Be Used
Verification of eligibility factors may be obtained by using:
SVES SOLQ-I BENDEX RIS SDX SAVE Workforce Services VSS AVS
6. Additional Documentation May Be Required
Applicants/clients may need to provide additional documentation necessary to verify eligibility factors.
7. Assistance Obtaining Documentation Must Be Provided
Assistance must be provided to the applicant/client, upon request, in obtaining documentation.
Defining Requirement: 42 CFR 435.940
42 CFR 435.945
42 CFR 435.948
42 CFR 435.952
42 CFR 435.953
42 CFR 435.955
42 CFR 435.960
Citizenship and Identity Requirement: Social Security Act § 1903
1. Verification is defined as the act of proving a fact to be true by viewing the content of the evidence.
Current Policy Effective Date: January 1, 2014
Date Last Reviewed: October 22, 2015
Previous Policy: October 1, 2005
POL M302: DOCUMENTING ELIGIBILITY FACTORS
1. Documentation Required For Family and Children’s Programs
Family and Children’s programs require the following documentation be included in a case file:
Signed application, if client applied via paper application. Verification of citizenship, identity, date of birth and SSN. Detailed case notes in WES. Verification of income. Verification of other factors upon request.
2. Documentation Required For Aged, Blind, Or Disabled And Medicare Savings Programs
Aged, Blind, Or Disabled programs require the following documentation be included in a case file:
Signed application, if client applied via paper application. Verification of citizenship and identity. Medical necessity forms, if required. Detailed case notes in WES. Verification of all income and resources.
Defining Requirement: 42 CFR 435.913
Using Wyoming Birth Cert. Application Tab
1. Access Wyoming Birth Cert Application tab located within ECOM. Refer to Section M604 for instructions on accessing and using Birth Cert Application.
Requesting Birth Certificates from Vital Records
1. Print letter of request on official DFS Field Office letterhead.
2. Specify one person per letter.
3. Specify individual’s:
3A. Full name at birth.
3B. Mother’s maiden name.
3C. Father’s name.
3D. Date of birth.
3E. Place of birth.
4. Include a self-addressed, stamped envelope.
5. Address to:
Department of Health, Vital Record
Hathaway Building, First Floor
Cheyenne, WY 82002
Obtaining Immigration Status Documentation
1. Refer to Section M604 for information on the SAVE process and contacting US Citizenship and Immigration Services (USCIS).
This section describes the application process for Medicaid programs. It covers completing an application, assistance with completing applications, processing applications, Medicaid cards, outstationing, client rights, worker responsibilities, narratives, paper files, confidentiality, and safeguarding and releasing information.
Current Policy Effective Date: September 1, 2019
Date Last Reviewed: August 26, 2019
Previous Policy: September 1, 2018
POL M401: APPLYING FOR BENEFITS
1. Applicants Must Complete An Application
Below is the Medicaid Application:
Health Coverage Application , use for all Medicaid programs.
Health Coverage Application, (Spanish version) , use for all Medicaid programs.
2. Medicare Part D Low-Income Subsidy (LIS) Data Exchange
The Medicare Part D, Low-Income (LIS) Data Exchange is transmitted to the states from the Social Security Administration. The Medicaid Eligibility Unit will distribute necessary information on a spreadsheet referred to as the MIPPA file to the Wyoming Department of Health Customer Service Center to process as an application for the Medicare Savings Programs.
3. Methods To Obtain A Paper Application
Applicants may pick up an application at any Department of Family Services field office; print one from the Wyoming Department of Health web site or contact the Wyoming Department of Health (WDH) Customer Service Center at 855-294-2127 to request one be mailed or faxed.
Paper applications can be mailed or delivered to:
WDH Customer Service Center
3001 E Pershing Blvd., Suite 125
Cheyenne, WY 82001
WDH Long Term Care unit
122 W 25th St, West 4th Floor
Cheyenne, WY 82002
Faxed to:
The WDH Customer Service Center at 855-329-5205 The WDH Long Term Care Unit at 307-777-8399
Emailed to:
wesapplications@wyo.gov
4. Other Ways To Apply
Individuals can apply:
Over the phone through the WDH Customer Service Center at 855-294-2127 Over the phone through the WDH Long Term Care Unit at 855-203-2936, when applying for Long Term Care Services Online at www.wesystem.wyo.gov
5. Not Required To Complete Application
The following applicants are not required to complete an application:
Applicant takes the appropriate action within 60 days from denial and 90 days from closure. Individuals eligible for Supplemental Security Income (SSI). Newborns of a Medicaid eligible mother.
Defining Requirement: 42 CFR 435.905 – 912
LIS or MIPPA File
Upon receipt of a MIPPA file, the WDH LTC Unit Consultant copies and pastes the information transmitted from the Social Security Administration into an Excel spreadsheet, formats and sends to the Customer Service center. Customer Service Center (CSC) processes the MIPPA file and registers the application in WES. CSC enters the Social Security income and uses collateral contact for verification. If there is a spouse, the Social Security income of the couple is combined. Enter the total Social Security income under the applicant and $0.00 for the spouse. This will trigger the BENDEX interface to obtain individual income for each spouse. No other verifications are required unless there is conflicting information. Client's must be periodically reviewed every 12 months under the Medicare Savings Program. Refer to Section M1403 for information on reviewing eligibility.
Current Policy Effective Date: October 1, 2006
Date Last Reviewed: May 7, 2007
Previous Policy:
POL M402: Assisting With Application Process
1. Applicants May Request Assistance in Completing Applications
2. Applications Are Available in English and Spanish
3. Interpreter Services Must Be Provided
Interpreters must be available to non-English speaking applicants.
Interpreters provide assistance with:
Completing applications. Scheduling interviews. Translating during interviews
Defining Requirement: 42 CFR 435.908
Timely Determination: 42 CFR 435.912
Timely and Adequate Notice: 42 CFR 435.913
Current Policy Effective Date: June 1, 2024
Date Last Reviewed: June 19, 2024
Previous Policy: December 1, 2022
POL M403: PROCESSING APPLICATIONS FOR MEDICAL BENEFITS
1. Application For Medical Benefits
Applicants must complete an application for medical benefits. Refer to Section M401 for a list of applications.
Applications may be submitted online, emailed, faxed, mailed, or delivered to the Wyoming Department of Health Customer Service Center or the Medicaid Long Term Care Unit, depending upon the type of case.
2. Applications Must Be Date Stamped
Applications must be date stamped with the date/month and year when received. For applications received after hours, on a weekend or holiday, the date stamp would be the first working day after receipt.
3. Applications Must Be Signed
Applicants who submit an application without a signature must sign within 45 days of receipt. The application must be registered, and the applicant must be notified of this requirement. Eligibility cannot be determined until the application is signed.
4. Applications Must Be Complete
Applicants who submit an application that is not complete must provide the information necessary to determine eligibility within 45 days of receipt. The application must be registered and the applicant must be notified of this requirement.
5. Interviews May Be Conducted
Applicants will be allowed the opportunity to conduct an interview by telephone or in person in the Cheyenne office.
6. Applications Must Be Approved Or Denied Within 45 - 90 Days
Applications must be approved or denied within 45 days from the date of application unless waiting for third party verification. In this case, the decision must be made within 60 days.
The only exception is when a disability determination is pending. In this case, a decision must be made within 90 days.
7. Applicants Who Declare U.S. Citizenship Have 90 Days To Provide Verification
Applicants who declare U.S. Citizenship have up to 90 days to provide verification when verification cannot be obtained by the Wyoming Department of Health Customer Service Center or the Medicaid Long Term Care unit, depending upon the case.
A reasonable opportunity period must be provided for individuals who have attested to citizenship or satisfactory immigration status.
Benefits must close when verification is not provided within 90 days.
Reasonable opportunity periods are not limited.
8. Benefits Must Not Be Postponed
Benefits must not be postponed due to delays in other program eligibility determinations/requirements.
9. Applications Are Used To Determine Eligibility For The Month In Which They Are Received Plus The Two Following Months
Applications can be used to determine eligibility for the month in which the application was received by the Agency and the following two months.
If a determination of eligible was not made during the initial three months of application, a new application is required.
10. Agency Receives Information Or Verification After Denial Or Closure Of Application
A new application is required when information or verification is received more than 60 days from denial and 90 days from closure.
Verifications for denied month(s) received within 60 days from a denial and 90 days from a closure can only be used to redetermine eligibility for the month(s) that were denied.
11. Furnish WHIPP Application To Applicants/Clients Who Have Insurance
12. Furnish Estate Recovery Brochure To Applicants
Applicants who are age 55 or older or applicants who are an inpatient in a medical institution may be subjected to Estate Recovery. An applicant must be informed of this requirement by providing the Estate Recovery Brochure. For questions concerning estate recovery contact 855-294-2127.
Medicare Savings programs are not subject to Estate Recovery.
Defining Requirement: 42 CFR 435.905 – 912
Evaluating Applications For WHIPP Participation
1. Refer to Section M411 for information on determining WHIPP participation.
Current Policy Effective Date: January 1, 2014
Date Last Reviewed: April 1, 2015
Previous Policy: July 1, 2004
POL M404: DISTRIBUTING MEDICAID CARDS
1. Medicaid Clients Receive Medicaid Cards
Medicaid cards are distributed to Medicaid clients once they are eligible. It is an insurance card to provide a method for providers to bill.
2. Fiscal Agent Contractor Distributes Medicaid Cards
3. Fiscal Agent Mails Cards within Set Time Frames
Clients or their authorized representatives may inquire about the status of their card by calling the Fiscal Agent Contractor.
4. Replacement Cards May Be Issued
Clients or their authorized representatives may request a replacement card by calling the Fiscal Agent Contractor. Reference Medicaid Table 23 for contact information.
If a Medicaid card was returned to the Fiscal Agent Contractor, the card may be re-mailed upon request.
Defining Requirement: Social Security Act, Title XIX
Cards Cannot be Forwarded to Another Address
1. Postal service is required to return Medicaid cards to the Fiscal Agent Contractor, instead of forwarding to another address.
2. Fiscal Agent Contractor cannot change address. The Customer Service Center or Long Term Care Unit must change address in WES.
Recording Address Changes
1. Receive call from client with new address after card is returned to Fiscal Agent Contractor.
2. Update address in WES.
Current Policy Effective Date: August 1, 2016
Date Last Reviewed: August 1, 2016
Previous Policy: January 1, 2014
POL M406: DEFINING CLIENT RIGHTS
1. Individuals May Apply For Benefits
Individuals may apply for benefits upon request and without delay. Applications must be made on the prescribed form obtained in person, online, or by mail.
Applications may be submitted by submitted online, emailed, faxed, mailed or delivered to the Wyoming Department of Health(WDH) Customer Service Center or the Medicaid Long Term Care Unit, depending upon the type of case.
2. Applicants May Be Accompanied At Interviews
Applicants have the right to be accompanied by the individual(s) of their choice at interviews.
3. Individuals May Designate Authorized Representative
Individuals have the right to designate an authorized representative when applying for or receiving benefits. An authorized representative is defined as a person acting on behalf of a client or an assistance unit. The authorized representative can be added or modified:
In writing by filling out the Appendix C of the Health Coverage Application. Online through the WES client Web Portal. Through the WDH Customer Service Center of Long Term Care Unit via a telephone call.
4. Applicants May An In-Person Or Telephone Interview
Applicants have the right to request an in-person or telephone interview. These interviews can only be conducted in the Cheyenne Medicaid office. Interviews are not required for Family and Children's, Medicare Savings, Employed Individuals with Disabilities, Breast and Cervical or the Tuberculosis programs.
5. Individuals Have Right To Confidentiality
Applicants and clients have the right to have their applications and other personally identifiable information kept confidential, except as necessary to determine eligibility or comply with State or Federal law. Refer to Section M409 for additional information on confidentiality.
6. Individuals Must Receive Certain Information
Applicants and clients must be informed about:
Length of time benefits are authorized. Rights and responsibilities of applicants/clients.
7. Individuals May Withdraw Applications At Any Time
8. Clients Must Receive Notice Of Adverse Action
A notice of adverse action must be sent to the client at least fifteen days prior to case closure.
9. Clients May Request Administrative Hearing
Clients have the right to request an Administrative Hearing within 30 days from the date on the Notice of Adverse Action. The WDH may contact clients for a conference prior to an Administrative Hearing.
10. Clients May Continue To Receive Benefits Pending Administrative Hearing
Clients may continue to received benefits when a hearing is requested before the effective date of the adverse action, unless the request for hearing is denied by the WDH.
11. Individuals May Reapply For Benefits
Individuals may reapply for benefits after having an application denied or a case closed.
12. Clients May Request Retroactive Benefits
Clients may request retroactive Medicaid benefits for up to three calendar months prior to the month of application, except for the following programs:.
Qualified Medicare Beneficiary Program. Waiver Programs. Hospice Care. Tuberculosis Assistance Program.
Defining Requirement: 42 CFR 435.905 – 912 or 435.610
42 CFR 431.200
Withdrawing Applications
1. Document case record when withdrawal is requested in writing or verbally.
2. Withdraw case in WES per withdraw request.
3. Send denial Application Withdrawn notice.
Current Policy Effective Date: January 1, 2014
Date Last Reviewed: April 1, 2015
Previous Policy: January 1, 2010
POL M407: DEFINING CLIENT RESPONSIBILITIES
1. Applicants Must Complete Application
Applicants must complete an application for medical benefits.
2. Applicants Must Submit Application
Applications must be submitted to the Wyoming Department of Health Customer Service Center or the Medicaid Long Term Care Unit, depending on the type of case.
3. Applicants Must Cooperate With Eligibility Determination Process
Applicants must cooperate with the eligibility determination process by doing one or more of the following:
Participate in an interview when applying for the Long Term Care programs. Provide verification of citizenship and identity or immigration status, when required. Provide verification of eligibility factors, when required. Provide information essential to make an eligibility decision. Provide verification of income, when required Provide verification of date of birth, when required. Provide SSN or proof of an SSN application, as specified in Section M603 , when required.
4. Applicants/Clients Must Notify State Of Changes Affecting Eligibility
Changes impacting eligibility must be reported within ten (10) calendar days.
Reference Section M1601 for additional information on reporting changes.
5. Clients Must Provide Information Within Fifteen (15) Days
Clients must provide information, documentation or verification within fifteen (15) calendar days of request.
6. Applicants May Declare Medical Expense Information
Applicants requesting retroactive Medicaid benefits, may declare on the application that medical expenses were incurred.
7. Applicants/Clients Must Provide Health Insurance Information
8. Applicants/Clients May Need To Provide Child Support Information
Applicants/Clients must provide information to assist in establishing paternity and obtaining medical support and payment, when required by the program.
Defining Requirement: 42 CFR 435.905 – 910
Current Policy Effective Date: November 1, 2015
Date Last Reviewed: November 9, 2015
Previous Policy: January 1, 2007
POL M408: CASE FILE MAINTENANCE
1. Record Narratives
Narratives should be documented, in a case note on WES, every time an action is taken on the case. Refer to Section M408A .
2. Review Case Files Annually
Determine which records qualify for disposition or need to be purged.
3. Maintain File Records
File maintenance responsibilities include the following:
Purging Case Files. Archiving Case Files. Refer to Section M408B.
Paper Files: W.S. 9-2-401, 9-2-405 – 413
Written Application: 42 CFR 435.907
Availability of Program Information: 42 CFR 435.905
Notice of Agency Decision: 42 CFR 435.912
Documenting the Case File: 42 CFR 435.913
Recording Narratives
1. Record the actual events and facts.
2. Be as complete and concise as possible.
3. Use standard abbreviations and clear punctuation.
4. Document events as they occurred, in chronological order.
5. Document by entering a case note promptly in WES.
Purging Case Files
1. Transfer all hard copies of family information to the new file (i.e., birth certificates, divorce decrees, etc.) and file under the Initial/Permanent/Verifications divider (102I).
2. Transfer the entire case narrative.
3. Retain all applications for not less than six years or for the current period of eligibility without a break-in-aid even if more than six years old.
4. Review the case for any previous overpayments and file all applicable information/verification that supports the overpayment under the Recovery/QC Errors/Fair Hearing divider (102J).
5. Destroy all other information more than six years old if the information is not needed to support an overpayment or any other possible issue within the case.
6. Indicate on the front of the folders “1 of 2”, “2 of 2”, etc. and retain prior files.
Archiving Case Files
1. Place the case file in archive boxes by alpha order.
2. Number the boxes using the system established by your field office.
3. Type an alpha list for each box listing:
3A. Box number.
3B. Case name.
3C. Case number.
3D. Date of record.
4. Print alpha list.
5. Make three copies of the alpha list.
6. Place one copy inside box on top of files.
7. Attach one copy to Records Center AR9 form.
8. Retain one list in the field office.
9. Complete and place the required label on the archive box.
Retrieving Archived Case Files
1. Send an email to Records Center containing the following information:
1A. Box number.
1B. Case name.
1C. Case number.
1D. Date of record.
1E. Medical Assistance #.
1F. Record Center location.
Current Policy Effective Date: July 1, 2006
Date Last Reviewed: May 23, 2007
Previous Policy:
POL M408A: CREATING NARRATIVES
1. Narratives Must Be Factual
Narratives must record actual events and facts. They must not contain speculation or emotional reactions.
2. Narratives Must Be Complete and Concise
3. Narratives Must Be Clear
Narratives do not need to be in complete sentences. Standard abbreviations and clear punctuation must be used.
4. Narratives Must Be Accurate
Narratives must list events as they occurred, in chronological order.
5. Narratives Must Be Recorded Promptly
Narratives must be recorded as soon as possible, not reconstructed at a later time or date.
6. Narratives Must Be Legible
Narratives must be able to be read by others and written with a word processing program whenever possible.
7. Narratives Must Answer Questions Not on Applications
Narratives must be written to answer any questions that are not clear on the application, including, but not limited to:
When did the applicant come in or call? Why did the applicant contact you? Who is contacting you? What program(s) is the applicant applying for or what change was reported? Where does the applicant work? How long will employment last?
Discrepancies between information in the case file/application and information being provided by the individual must be recorded.
8. Narratives Must Demonstrate How Eligibility Determined
Narratives must clearly show how the eligibility decision was made, including:
How the best estimate was determined. Start and stop date of work. How often client receives pay, listing actual pay dates. Hourly wage and number of hours worked per week. Bonuses, overtime schedule, commissions, tips, shift differential, etc. Why income was counted or excluded. Excel spreadsheet, if used. Income calculations, when Excel spreadsheet not used. How the vehicle value was determined. Why resources were used and how values were determined. Who was included in the benefits and why others were excluded. Record if Medicaid was offered to family members and if they refused.
9. Narratives Must Include Certain Information
Narratives must include the following information:
Third party involvement (such as a representative), including names, dates, and phone numbers. Supportive statements for eligibility decisions, including denials and closures. Whether someone attended with the individual, such as a family member, friend, or an interpreter. Document that client was informed of rights and responsibilities.
10. Narratives Must Be Entered When Contact Made with Clients
Narratives are necessary for each instance contact is made with clients or action is taken on a case.
11. Case Files Must Note if Clients Pose Danger to Workers
Workers must be aware and make others in the office aware if clients are potentially dangerous. Follow current office protocol in these cases.
12. Narratives Must Be Initialed or Signed
Defining Requirement: 42 CFR 435.913
1. A Case Narrative Is Defined as :
A State record and may be reviewed by other Benefit Specialists, supervisors, managers, consultants, quality control investigators or other state employees.
A record that may be used as evidence in court or for an administrative hearing.
A record of pertinent, historical facts and must be clear, concise, and accurate.
Documentation of the eligibility determination.
Current Policy Effective Date: April 1, 2006
Date Last Reviewed: May 16, 2007
Previous Policy:
POL M409: MAINTAINING APPLICANT AND CLIENT INFORMATION CONFIDENTIALITY
1. Information Relating to Specific Individuals Must Remain Confidential
The following information must remain confidential:
Names, addresses, and SSNs of applicants and clients. Documents naming an individual(s). Personal facts relating to an individual(s). Application. Receipt of benefits. Information relating to social and economic conditions of individual(s), including information from IRS, SSA, and other agencies. Safeguard information from other agencies in accordance with their procedures. Medical data, including psychological evaluations. Any information known about individual(s), but not part of case record(s) or document(s).
Defining Requirement: 42 CFR 431.306 – 307
1. Confidentiality Is Defined As The Limitation Of The Use And Disclosure Of Applicant And Client Information.
Safeguarding Personal Information
1. Shred documents containing personal information when files are purged according to policy or when document is no longer needed.
1A. Do not throw in garbage.
Current Policy Effective Date: April 1, 2006
Date Last Reviewed: May 23, 2007
Previous Policy:
POL M410: SAFEGUARDING AND RELEASING INFORMATION
1. Public Records Must Be Made Available
Public records must be made available to the public upon request and with the approval of the Program Manager or designee.
2. Public Records Must Not Contain Personal Information
Public records may contain any of the following:
General information not identifying individuals.
Statistical information related to budgets, expenditures, or applicant’s/client’s other information, not identifying individuals.
Information about Medicaid-related policies and procedures.
3. Case Records May Be Examined, Reviewed, or Copied
Clients or their authorized representatives are permitted to examine, review, or copy from their case records except the following confidential information:
Names of individuals or other parties who have disclosed information about the client without their knowledge. Reports, correspondence, or any case entry involving information from another individual, agency, organization or institution about the client. Information related to the status of prosecution of the client.
4. Authorization to Release Information Is Limited to Eligibility Determination
Only information needed to determine eligibility may be collected when the information is authorized for release on an application.
5. Medical Information May Be Released to Third Parties
Medical information must be released to the client directly by a medical/mental health professional, unless written authorization from the health professional is received prior to release.
Medical and psychological information provided by health care professionals may not be exchanged with other agencies unless the client specifically authorizes the exchange in writing.
6. Confidential Information May Be Released
Individuals must complete a release of information form for confidential information to be released to another governmental body, a court, or law enforcement individuals.
7. Materials Released Must Be Directly Related to Medicaid
All materials released to applicants, clients, or medical providers must be directly related to the administration of Medicaid programs.
8. Certain Materials May Be Distributed to Applicants/Clients
Materials directly related to the health and welfare of applicants/clients may be distributed. This may include announcements of free medical examinations, availability of surplus food and consumer protection information.
9. Applicant and Client Names Must Not Be Published
Defining Requirement: 42 CFR 431.306 – 307
Do Not Charge Individuals/Agencies for Copying Information Related to Adverse Actions or Administrative Hearings.
This section of the policy manual contains the basic non-financial eligibility rules for Medicaid programs. These basic non-financial rules apply to all types of medical assistance, unless this manual specifically states otherwise.
Current Policy Effective Date: January 1, 2019
Date Last Reviewed: May 10, 2019
Previous Policy: May 18, 2018
POL M601: DETERMINING BASIC ELIGIBILITY - RESIDENCE
1. Applicants Must Be Wyoming Residents
Applicants must be living in the State of Wyoming voluntarily and with the intention of establishing a permanent residence in the state.
2. Applicants Moving From Another State Have 45-Day Application Period
Applicant must reside in WY within the 45-day application period.
3. Applicants Without Permanent Address May Be Eligible for Services
Applicants who do not have a permanent home address or permanent dwelling may receive benefits. A general Wyoming address may be used.
4. Clients May Receive Benefits From Another State In Initial Month
Applicants may receive benefits from Wyoming and another state in the initial month of eligibility. This may occur when a client is moving from another state to Wyoming.
5. Clients May Continue Receiving Benefits if Residency is Interrupted
Clients may continue to receive services if the eligibile person meets the criteria of temporary absence. Refer to Section M605 to determine if temporary absence criteria are met.
Defining Requirement: 42 CFR 435.403
Current Policy Effective Date: August 1, 2018
Date Last Reviewed: August 1, 2018
Previous Policy: August 1, 2016
POL M602: DETERMINING BASIC ELIGIBILITY - IDENTITY
1. Applicants Must Prove Identity
Identity must be verified for all Medicaid applicants, except when applying for the following programs:
Emergency Services. Basic Foster Care. Institutional Foster Care.
For all other Medicaid applicants, refer to Medicaid Table 5 for acceptable verifications of identity.
2. Applicants Born To Medicaid Eligible Mother
Verification of identity is not required for any applicant who was born to a Medicaid eligible mother in Wyoming, during their life time.
Defining Requirement: Social Security Act § 1903
Current Policy Effective Date: April 1, 2021
Date Last Reviewed: April 1, 2021
Previous Policy: August 1, 2016
POL M604: DETERMINING BASIC ELIGIBILITY – CITIZENSHIP/IMMIGRATION STATUS
1. Applicants Must Meet Citizenship/Immigration Eligibility Requirements
Applicants must be a U.S. Citizen by birth or naturalization.
OR
Applicants must meet at least one of the Qualified Immigrant status requirements outlined in Medicaid Table 6 .
Applicants under one of the following programs are not required to meet the citizenship requirements:
Emergency Services.
Basic Foster Care.
Institutional Foster Care.
2. Applicants Born to Medicaid Eligible Mother
Verification of citizenship is not required for any applicant who was born to a Medicaid eligible mother in Wyoming during their life time.
3. Revenue Information System (RIS) Can Be Used To Verify Citizenship
Verification of citizenship can be obtained by using the Revenue Information System (RIS) in EPICS. When verification is not available in RIS refer to Medicaid Table 5 for acceptable verification of citizenship.
4. US Citizens and Qualified Immigrants Must Verify
Applicants must verify U.S. Citizenship by birth or naturalization, except a child who is born to a Medicaid eligible mother. Refer to Section M301A for factors requiring verification and Medicaid Table 5 for Evidence of Citizenship.
Applicants must verify Qualified Immigrant status requirements. Refer to Medicaid Table 5A for evidence of immigration status.
5. Foreign Born Children May be Eligible
Children who were born in a foreign country and living in the US, and children adopted from a foreign country by US citizens, are automatically granted citizenship if the following conditions are met:
Child is under age 18.
Child was admitted to the US as a Lawful Permanent Resident Immigrant.
Child is in the legal and physical custody of at least one parent that is a US citizen.
Defining Requirement: 42 CFR 435.406
Applicants in the U.S. under the Deferred Action Childhood Arrival Act (DACA) are not considered lawfully present for Medicaid purposed. DACA is indicated with a Category C33 on a U.S. Employment Authorization Card.
Using Wyoming Birth Cert Application Tab
1. Click on the Birth Cert App. tab (this tab is password protected).
2. Enter your user name and password, and then click the OK button.
3. Enter the first and last name or initials of the first and last name, and date of birth (mm/dd/yyyy).
4. Click the search button, which will reveal the results
5. If individual is found, record file number in narrative and print copy for case file.
6. If individual is not found, request verification of citizenship from the applicant.
7. If the applicant is not able to provide citizenship verification, contact the Eligibility Unit for assistance before denying the case.
Verifying Immigration Status With Systematic Alien Verification for Entitlements (SAVE)
1. Obtain one or more of the following pieces of documentation of immigration status:
1A. Documentation of immigrant registration.
1B. Alien Registration Number (A-Number).
1C. Another form of documentation that the agency issuing the documentation has determined to be reasonable evidence of the individual’s immigration status.
2. Include documentation of immigration status in applicant’s case file.
3. Verify immigration status using the WEB-1 Access Method.
3A. See the SAVE Manual, Section 2 for procedures for using Primary Touch-Tone SAVE Access.
3B. Use this website address: https://save.uscis.gov/WebOne/
4. For applicants without USCIS documentation, verify date of entry into the United States or date immigration status was granted.
5. Submit USCIS Form G-845 by mail to:
U.S. Citizenship and Immigration Services
300 N. Los Angeles Street, B120
Los Angeles, CA 90012
Attn: Immigration Status Verification Unit
Using Revenue Information System (RIS) for Citizenship
1. Access Revenue Information System (RIS) through the Mainframe at the TPX menu. Refer to Section M301B for instructions on accessing RIS.
Verifying Eligibility for Victims of Trafficking
1. Confirm the validity of the certification letter by calling the Trafficking Verification Line at (202)401-5510.
2. Record the expiration date of the certification letter in each applicant’s file.
3. Set an alert with the expiration date.
4. Conduct a review to determine continued eligibility.
Other Coding Requirements for Immigrant Applicants
1. Refer to Medicaid Table 20 for the SDX immigrant codes and their definitions.
Current Policy Effective Date: January 1, 2019
Date Last Reviewed: May 10, 2019
Previous Policy: November 1, 2016
POL M605: DETERMINING BASIC ELIGIBILITY – TEMPORARY ABSENCE
1. Individuals Must Meet Temporary Absence Criteria
Individuals meet the criteria for Temporary Absence when they leave the state with the intent to return to Wyoming within three months.
Individuals continue to meet the temporary absence criteria, after three months, when the following conditions are met:
Individual is in another state to get prescribed medical treatment not available in Wyoming and intends to return to Wyoming once the medical treatment is complete. Temporary absence is due to the illness of the individual or the individual’s parent, spouse, sibling or child. A child in the custody of the State is placed in an out-of-state facility, unless the child is covered by the other state. Individual’s employer requires them to work out of state.
Consider the individual continuing to reside in their assistance and a Wyoming resident when the above conditions are met.
Individuals do not meet the temporary absence criteria when they apply for Medicaid or establish residency in another state.
Defining Requirement: 42 CFR 435.403
This section defines resources and explains how they should be counted, ownership, transferring resources, transfer penalties, trusts, spousal resource assessments, and treatment of resources.
Current Policy Effective Date: April 1, 2021
Date Last Reviewed: October 1, 2025
Previous Policy: March 26, 2021
POL M801: COUNTING RESOURCES
1. Most Aged, Blind, and Disabled Programs and Medicare Savings Programs Count Resources
Resources are exempt from consideration for the EID Program.
2. Resources of Spouse May Be Available to Other Spouse
Resources of a spouse are available to the other spouse.
Resources of a spouse are not available the month after the marriage ends or the month after the married couple are separated and not living in the same household.
3. Resources of Parent(s) May Be Available to a Child
The resources of a natural parent, adoptive parent or stepparent are available to a child except:
A child who is disabled and has received or is receiving SSI while in an institution. A child who is applying for the Comprehensive, Support or Children’s Mental Health Waiver.
4. Proceeds From Selling an Resource Must Be Considered Resources
Proceeds from the sale of an exempt or nonexempt resource are countable and the client must be within the maximum resource limit to remain eligible. Refer to Table 7 to see resource standards.
5. Equity Value Must Be Calculated
The equity value of a resource is calculated by using the cash, trade-in, or current market value and subtracting the unpaid principal or amount of the lien(s). Equity value is used to determine eligibility.
6. Fair Market Value (FMV) Is Selling Price
Current or FMV is the selling price on the open market as set by current standards. FMV may be determined by a market analysis or appraisal by a realtor, or other knowledgeable sources who are familiar with property values in a given community.
7. Resources May Be Re-Appraised
An applicant or client may obtain a new appraisal for a resource when the value of a resource(s) causes ineligibility and the applicant or client disputes the value.
8. Commingled Resources May Be Exempted
Exempt resources commingled with non-exempt resources when identifiable.
Assistance units should be encouraged to separate exempt and nonexempt resources.
9. Resources Must Be Evaluated from the First of the Month
10. Income Must Not Be Counted as a Resource in First Month
Calculate the available bank account balance, by deducting any income received in the first month, when the individual is over the maximum resource limit.
11. Acquired Resources and Resources Increasing in Value Count in Next Month
Resources acquired within a month and resources increasing in value are counted in the following month.
12. Outstanding Checks Must Be Considered Legal Encumbrances
Outstanding checks must be considered legal encumbrances when evaluating a checking account. Deduct any outstanding checks written and delivered to the payee prior to the first of the month that have not cleared, when the individual is over the resource limit.
13. Qualified Long Term Care Insurance Partnership Policies Must Be Reviewed by WDH
Qualified Long Term Care Insurance Partnership policies must be sent to WDH to determine if the policy meets the criteria of a qualified partnership policy.
14. Resources May Be Disregarded through a Qualified Long Term Care Insurance Partnership
Disregard any resources claimed by the applicant in an amount equal to or less than the benefits paid on behalf of the individual by a Qualified Long Term Care Insurance Partnership policy for the following programs:
Institutional Related HCBS Waivers
The disregarded resources can include a resource that is exempt for eligibility but not for estate recovery (i.e. home).
Defining Requirement: 20 CFR 416, Subpart L
42 CFR 435, Subpart G
Determining Countable Resources
1. Refer to Medicaid Table 8 for information on Countable Resources.
Determining Amount of Resources that Can Be Disregarded Through A Qualified Long Term Care Insurance Partnership Policy
1. Disregard the resources claimed on the Qualified Long Term Care Insurance Partnership Asset worksheet in an amount equal to or less than the benefits paid on behalf of the individual by a Qualified Long Term Care Insurance Partnership policy.
2. Applicant must claim these resources at initial application and then additional resources at review.
3. Additional resources can be exempted as the policy continues to pay towards the long term care services.
Example:
Qualified Long Term Care Insurance Partnership Disregard
Example 1
A Qualified Long Term Care Insurance Partnership policy has paid $50,000 on behalf of John Doe. Mr. Doe has a CD worth $50,000 that was claimed on the Qualified Long Term Care Insurance Partnership Asset worksheet, this amount can be disregarded before testing against the resource standard. Mr. Does is eligible for benefits.
Example 2
A Qualified Long Term Care Insurance Partnership policy has paid $75,000 on behalf of Jane Smith. Mrs. Smith has a savings account worth $75,000 that was claimed on the Qualified Long Term Care Insurance Partnership Resource worksheet. In addition she has real property worth $25,000. The $75,000 can be disregarded, the $25,000 is a countable resource and must be tested against the standard. Mrs. Smith is not eligible for benefits.
Determining Resource Values of Registered Vehicles
1. Use the VIN number of vehicle(s) or the year, make, and model to calculate a value on
Edmund’s https://www.edmunds.com/appraisal/ or on JD Power https://www.jdpower.com/cars .
a. Please note that if the vehicle is 25 years or older these sites may be unable to provide a valuation. Certain vehicle types are unable to be valued through these sites. Whenever a value cannot be calculated one will need to be requested of the client from a reputable dealer.
2. If the vehicle in question is actually a flatbed trailer, use the purchase price, depreciation (10%), and age of the trailer to calculate the value on Academy https://calculator.academy/trailer-value-calculator/ .
a. If this is a different trailer type or all factors needed for the calculation cannot be obtained a valuation will need to be requested of the client from a reputable dealer.
Current Policy Effective Date: October 1, 2025
Date Last Reviewed: October 1, 2025
Previous Policy: July 1, 2007
POL M802: DETERMINING RESOURCE OWNERSHIP AND AVAILABILITY
1. Resources Are Unavailable When Legal Barrier Exists
A legal barrier is defined as an inherent legal restriction on the right to sell, convey or transfer the client's share or ownership of a resource.
2. Resource Ownership Implies Resource Availability
3. Fund Availability May Be Assumed
All funds may be assumed available to the applicant/client when there are multiple owners of a bank account, CD, or other resources and the other owner is not a Medicaid client.
4. Resources May Be Considered Available
Resources or portions of resources are considered available when any of the following conditions apply:
Individual can withdraw funds. Individual can sell resource or owned interest in the resource. Individual can dispose of the resource in any way. Resources, or portions of resources, owned by multiple people can be accessed without permission of co-owner, even when statement of refusal to sign is furnished.
5. Resources May Be Considered Unavailable
Resources are considered unavailable when any of the following is true:
Document or signature card stipulates more than one signature is needed to withdraw or convert all or part of the resource to available cash, and the other owner(s) refuses to sign. Applicant or client can no longer withdraw from the account. Applicant or client has been removed from the account Funds have been removed by the other account holder(s). Account has been redesignated.
6. Individuals May Dispute Ownership of Funds
Individuals may dispute the ownership of funds in a Financial Institution and they must:
(i) Submit his/her statement, along with corroborating statements from other account holders, regarding:
Who owns the funds in the joint account
why there is a joint account
who has made deposits to and withdrawals from the account
and how withdrawals have been spent
(ii) Submit account records showing deposits, withdrawals, and interest (if any) in
the months for which ownership of funds is at issue; and
(iii) Correct the account title to show that the individual is no longer a co-owner if
the individual owns none of the funds; or, if the individual owns only a portion of
the funds, separate the funds owned by the other account holder(s) from his/her
own funds and correct the account title on the individual's own funds to show they
are solely-owned by the individual.
7. Individuals Must Be Aware of Resource Ownership
Resources are not available during a period when the individual was unaware of their ownership. Resources must be counted the month following discovery.
Defining Requirement: 20 CFR 416, Subpart L
42 CFR 435, Subpart G
Wyoming Statute Definition of Property Ownership
Real property is fixed, permanent or immovable, this includes land, houses, buildings or mobile homes. Unless there is a legal condition of ownership specifically prohibiting sale of any part of the resource without permission of all owners, the client's share is an available resource.
Definition of Joint Tenancy
Joint tenants have legal ownership where both parties have undivided interest in a piece of property. Both equally own the entire property. The joint tenancy ends when one of the two individuals dies. At that point in time, the survivor solely owns the entire property. No heirs inherit from the person who died. Neither party may convey or encumber his or her interest in the property without the consent of the other.
Definition of Joint Tenancy with Survivorship
This is identical to Joint Tenancy. The right of survivorship is the term required in Wyoming to allow the surviving joint tenant to claim their interest after the death of the other tenant. This title is needed to keep heirs from inheriting the property.
Definition of Tenancy in Common
Each tenant (owner) holds an undivided interest in the property. However, unlike a joint tenancy by the entirety, the interest of the tenant does not terminate upon his or her death. Their interest will go to their heirs or the estate.
Definition of Ownership by Entireties
This is identical to Joint Tenancy, and created between a husband and a wife.
Current Policy Effective Date: February 1, 2021
Date Last Reviewed: March 25, 2022
Previous Policy: March 1, 2019
POL M803: TRANSFERRING RESOURCES
1. Resource Transfers Occur When Ownership Is Reduced Or Is Eliminated
A resource transfer occurs when any action is taken that reduces or eliminates an individual’s ownership or control of the resource.
2. Transfer Provisions Do Not Apply To Certain Programs
Transfer provisions do not apply to the following programs:
Family and Children’s. Inpatient Hospital Care. Hospice. Tuberculosis. Medicare Savings Programs. Supplemental Security Income (SSI).
3. Certain Types Of Transfers Are Exempt
The following must be considered exempt transfers:
Legally enforceable debt settlement. Clearing title to property in which the client had no beneficial or enforceable interest. Equity in property, which was owned jointly, if other owner was granted equity through a court action. Resources sold, traded or transferred at fair market value. Resources transferred to an approved Special Needs, Pooled or Income Trust.
4. Transfers To Certain Individuals Are Exempt
The following transfers must be considered exempt:
Home property was transferred to the individuals: Spouse. Child under age 21. Child of any age who is blind or disabled. Verify through one of the following sources: SOLQ; Letter from SSA; Collateral Contact with SSA; or SDX or BDX interfaces Sibling who has equity interest in the home and who resided in the home for at least one year immediately prior to the date of admission to a medical facility or eligibility for the Home and Community Based Services Program. Refer to Table 5B for acceptable verifications to prove the sibling resided in the home for the required time period. Son or daughter resided with the parent for a period of at least two years immediately prior to the date of admission to a medical facility or eligibility for the Home and Community Based Services Program and provided care in the home. Require the following verifications: Refer to Table 5B for acceptable verification to prove the son or daughter resided in the home for the required time period; Affidavit of Caretaker ( DHCF 400 ); and Physician Statement ( DHCF 402 ). Non-Home property was transferred to the individuals: Spouse; or Another person for the sole benefit of the transferor's spouse; or Child of any age who is blind or disabled. Verify through one of the following methods: SOLQ; Letter from SSA; Collateral Contact with SSA; or SDX or BDX interfaces.
5. Clients Must Demonstrate Intention And Evidence To Exempt Resource Transfers
Clients must show they intended to dispose of the resource at fair market value or for another valuable consideration.
Clients must demonstrate the intent of the transfer was not for Medicaid eligibility purposes. Evidence provided must show:
The transfer was court ordered (provided the claimant took no action to petition the court to order the transfer). At the time of transfer, the individual could not have anticipated the need to apply for eligibility (e.g., the individual became disabled following a traumatic accident, but was not disabled when the transfer occurred). After the transfer, there was a traumatic onset of disability (e.g., traffic accident or a diagnosis of a previously undetected disabling condition). Total countable resources, including the transferred resource, were below the resource limit at all times from the month of transfer through the present month. Denial of eligibility would result in undue hardship.
6. Nursing Facility Payment Withheld For Nonexempt Resource Transfers
If clients transfer nonexempt resources for less than fair market value, but meet all other eligibility factors, a penalty period must be imposed. During the penalty period:
Payment for nursing home facility services must be withheld, and benefits authorized for the Medicaid Services Only Program.
7. HCBS Waiver Eligibility Delayed For Nonexempt Resource Transfers
Process for manually calculating the penalty period and communicating the length to the Community Based Services Unit or the Behavioral Health Division/Developmental Disabilities Section:
The penalty period for a Waiver applicant begins from the time both financial eligibility and medical necessity are met. A plan of care is not required to start the penalty period. Contact the Community Based Services Unit or the Behavioral Health Division/Developmental Disabilities Section with the end date of the penalty period to prevent Waiver services from being paid until completion of the penalty.
8. Transferred Resources May Be Returned
Transferred resources causing ineligibility may be returned. When this occurs, no penalty for the transfer is assessed.
Retroactive adjustments must be made for returned resources that initially resulted in a penalty and denied benefits.
Returned resources are counted in the first month following the month of return.
Defining Requirement: 20 CFR 416, Subpart L
42 CFR 435, Subpart G
Social Security Act 1917
Current Policy Effective Date: September 1,2018
Date Last Reviewed: April 8, 2026
Previous Policy: August 27, 2018
POL M804: DETERMINING RESOURCE TRANSFER PENALTIES
1. Penalties Apply To Non-Exempt Resource Transfers
Penalties for transferring a resource must be applied when applicants or clients cannot provide proof the transfer occurred for reasons other than gaining or maintaining eligibility. The transfer amount must also meet or exceed the average daily rate for Nursing Homes in order to be assessed due to the penalty calculation.
2. Determining Uncompensated Value Of Transfers
The uncompensated value of a transfer is calculated by using 80% of the current market value of the transferred resource and deducting all of the following that apply:
Amount of the lien(s). Unpaid principal of the mortgage or loan existing against the resource. Any compensation received.
Example 1: Current market value - $100,000 x 80% = 80,000 - $40,000 (Mortgage) - $40,000 (Compensation received) = $0 (no transfer penalty)
Example 2: Current market value - $80,000 x 80% = 64,000 - $40,000 (Mortgage) = $24,000 (amount of transfer penalty). See Table 9 on how to calculate the penalty period.
The uncompensated value of jointly owned resources is calculated by using 80% of the current market value of the applicant or client's interest in the transferred resource, and deducting any compensation received for the resource.
3. Calculating Transfer Penalties
The uncompensated transfer value of the resource should be divided by the average private pay rate, refer to Table 1A .
Penalties must be figured on all days affected by the transfer. Reference Table 9 to determine the look back and penalty period.
4. Transfer Penalty Must Be Split Between Spouses
The transfer period must be split between two spouses if:
An institutionalized spouse has a transfer penalty due to a transfer made by the community spouse. AND The community spouse later becomes institutionalized.
The remainder of the penalty period must be assigned to the surviving institutionalized spouse if one spouse dies.
5. Transfer Penalty Waived For Undue Hardship
The transfer penalty must be waived if imposing the penalty would result in undue hardship, as determined by the Wyoming Department of Health (WDH).
Defining Requirement: 20 CFR 416, Subpart L
Documenting Transfer Penalties
1. Document date transfer occurred.
2. Document calculation used to determine uncompensated value of transferred property.
3. Document when penalty begins and ends.
Calculating Split Delayed Eligibility for Spouses
1. Determine number of months remaining in delayed period of eligibility.
2. Subtract from the original number.
3. Split between couple.
Establishing Undue Hardship
1. Receive Medicaid Hardship Exception Request (DHCH-303) from client.
2. Require the following verifications to be provided:
2A. Medicaid Hardship Exception Physician Statement DHCF-304 .
2B. Require the client to meet one of the following criterion:
Receiving party cannot be located by the individual, spouse, fiduciary, or an agent of the nursing facility and all attempts to locate the receiving party have been exhausted; Transferred resource was due to theft, fraud, or financial exploitation of the individual or their spouse, which has been reported and pursued through Adult Protective Service or law enforcement; or The individual has exhausted all reasonable legal means to recover or regain possession or obtain fair market value of the transferred resource. This may include seeking the advice of an attorney and pursuing legal or equitable remedies, such as asset freezing, assignment, or injunction; seeking modification, or nullification of a financial instrument, cooperating with any attempts to recover the transferred asset.
3. Approve undue hardship when client meets the criteria above and has provided the physician statement and required verifications.
Current Policy Effective Date: November 1, 2015
Date Last Reviewed: September 18, 2015
Previous Policy: July 1, 2007
POL M805: DETERMINING TREATMENT OF RESOURCES WITHIN TRUSTS
1. Trusts Established by Client or Others May Be Considered Client Established
The client will be considered to have established a trust if any of the individuals listed below established a trust using the client’s resources:
Client. Client’s Spouse. Person, including a court or administrative body, with authority to act on behalf of client. Person, including a court or administrative body, acting at the request of the client or the client’s spouse.
2. Trust Establishment Purpose May Be Irrelevant
The purpose for which a trust is established is irrelevant except in the case of a trust established in any of the following circumstances:
Trust established by a will with the client as a beneficiary, who has no current access. In this case, the resource is exempt until the client has access. Trust established for a disabled individual under age 65. In this case, the resource is exempt. Trust established containing resources of the client and resources of any other person. In this case, the client’s resources in the trust must be considered (nonexempt).
3. Revocable Trusts and Payments Are Considered Assets or Income
The entire amount of the trust must be considered as an available resource.
Any payments from the trust to or for the client must be counted as income.
Payments from the trust for any other purpose must be considered an uncompensated transfer of resources.
4. Irrevocable Trusts and Payments Are Considered Assets or Income
Any possible distributions to or for the client must be considered countable resources
Payments from the trust to or for the client must be considered countable income.
Payments from the trust for any other purpose must be considered an uncompensated transfer of resources.
If a trust was established during the 60-month look-back period, any part of the trust that cannot be paid out under any circumstance must be considered an uncompensated transfer of resources.
If any part of the trust is available until a specific date or event occurs, the date the trust becomes unavailable must be considered as the date of the uncompensated transfer for consideration of the 60-month look-back period.
5. Resources Are Not Counted When State Is Residual Beneficiary
Resources must not be counted and transfer penalties must not be developed for trusts where the State is named the residual beneficiary. This means the State is entitled up to the amount of medical expenditures made on behalf of the individual.
6. Trusts for Disabled Individuals May Be Special Needs Trusts
A trust for a disabled individual must meet both the following criteria to be considered a special needs trust:
An irrevocable trust containing the resources and designating as the beneficiary an individual under age 65 who is disabled. Established for the benefit of the disabled individual by a parent, grandparent, legal guardian of the individual, or a court.
7. Pooled Trusts May Be Special Needs Trusts
A pooled trust must meet all of the following criteria to be considered a special needs trust:
An irrevocable trust established by a nonprofit organization. Contain a separate account for each beneficiary, but for purposes of investment and management of funds, the trust pools these accounts. Separate accounts are established solely for the benefit of a disabled individual by the individual, the parent, grandparent, legal guardian of the individual, or by a court.
8. Income Trusts (Miller Trusts) May Be Special Needs Trusts
An Income Trust (Miller Trust) must meet all of the following criteria to be considered a special needs trust:
Created for the purpose of making the income beneficiary eligible for Medicaid. Trust is irrevocable. Consists only of pension, Social Security and other income to the beneficiary listed in Schedule A. Provides for a monthly distribution equal to the income level for the applicable Medicaid group. Monthly distribution is used to pay the cost of nursing facility services or HCBS furnished to the client.
Defining Requirement: 20 CFR 416, Subpart L
42 CFR 435, Subpart G
The Omnibus Reconciliation Act (OBRA) of 1993 Changed How Assets in Trusts Affect Eligibility.
Approving Income Trusts (Miller Trusts)
1. Compare established trust to model in the Miller Trust form .
2. Forward trusts not according to model to WDH for approval.
3. Approve if trust set up according to model.
4. Distribute copy of model trust upon request.
5. Mail copy of approved trust to WDH along with verification showing bank account has been established and power of attorney.
Current Policy Effective Date: November 1, 2015
Date Last Reviewed: September 18, 2015
Previous Policy: January 1, 2014
POL M806: ASSESSING SPOUSAL RESOURCES
1. Countable Resources Of Couple Must Be Assessed
Assess the combined countable resources of a couple when requested by either member of a couple or a representative acting on behalf of either spouse.
2. Spousal Resource Allowance Must Be Deducted
Determine the total countable resources of the couple. Subtract the spousal resource allowance (refer to Medicaid Table 7 ) from the couple’s total countable resources. The remainder must be equal to or less than the $2,000 single resource standard.
3. Assessments Conducted At Application
Spousal Resources Allowance is assessed with each new application. This includes an individual who has a break in aid and a new application is required. Refer to Section M403 to determine when a new application is required after denial of Closure. Clients are assessed as individuals after the first year of eligibility.
4. Assessments May Be Conducted Without Applications
Assessments may be conducted upon request when there is no accompanying Medicaid application. Couples have the right to receive an assessment to determine countable resources in relation to the Medicaid resource standard.
5. Action On Assessments For Applications Must Be Taken Within 45 Days
6. Resources Of Institutionalized Spouse Must Be Transferred To Community Spouse
Countable resources of an institutionalized spouse must be transferred to a community spouse once eligibility has been established. The resources must be transferred before the first scheduled periodic review.
The purpose of this transfer is to assist community spouses in meeting their needs in the community.
The conversation about transferring resources should be documented in the case record.
7. Institutionalized Spouse Must Be Within Individual Resource Standard
At periodic review, only the client’s resources are reviewed. These resources must be within the $2,000 individual resource limit.
Defining Requirement: 20 CFR 416, Subpart L
42 CFR 435, Subpart G
Current Policy Effective Date: July 1, 2007
Date Last Reviewed: May 31, 2007
Previous Policy:
POL M807: DETERMINING TREATMENT OF RESOURCES
1. Exempts Certain Resources
Reference Medicaid Table 8 for information concerning exempt resources.
2. Resource Windows Capture Certain Information
Resource windows capture the following:
Liquid resources, which are readily available and easily converted to cash. Examples are checking, savings, and CDs. Other resources, which are available but not easily converted to cash. Examples are homes, contracts, land, real property, life insurance, boats, and campers. Vehicles, including automobiles and motorcycles.
Reference the linked table for a list of resources and their corresponding treatment.
Defining Requirement: 20 CFR 416, Subpart L
42 CFR 435, Subpart G
Income from financially-responsible household members is counted to determine an individual's eligibility. The individual's countable income must be calculated using actual income already received and anticipated income that can reasonably be expected during the month the application is submitted. Eligibility for Medicaid is determined by comparing the individual’s calculated income against the maximum income standards.
This section includes:
The rules for deciding what amount of a client's income (or income of a client's spouse, parents, or sponsor) must be counted to decide eligibility for the client.
An explanation what income is countable, what is exempt, and what income disregards or deductions are allowed.
A description of how to treat self-employment income.
The rules for calculating patient contribution.
Current Policy Effective Date: February 1, 2021
Date Last Reviewed: March 25, 2022
Previous Policy: September 1, 2016
POL M901: COUNTING INCOME
1. Applicants Must Report Total Available Gross Income
Applicants must report each source of available gross income.
An applicant’s income is considered available when it meets any of the following criteria:
Income is accessible to applicant. Income is received by applicant. Income is credited to applicant’s account. Income is set aside for applicant’s use.
2. Income Must Be Categorized
Income must be categorized as earned, unearned, exempt or nonexempt. Refer to Medicaid Table 2 for information on how to count income.
3. Income Carried Into Next Month Must Be Counted As A Resource
Income must not be counted as a resource in the same month it is counted as income.
4. Garnished Income Must Be Counted
Garnished income is defined as income involuntarily assigned to pay a debt.
5. Income From SSI Benefits Must Not Be Counted
Income from SSI benefits must not be counted as income for any Medicaid program.
6. Self-Employment Income Must Be Pro-Rated
Income meeting any of the following conditions must be pro-rated or averaged:
Income from self-employment. Income from employment on a contractual basis. Income received intermittently on a quarterly, semi-annual or annual basis during the time period covered by the income.
Refer to Section M902 for information on the treatment of self-employment income.
7. Income Available To Any Member Of Assistance Unit Must Be Counted
Applicants must take all necessary steps to obtain and report income available to any member of the assistance unit. Income from employment, annuities, pensions, retirement, and disability benefits must be included, unless good cause can be shown for not doing so.
These requirements may be waived if an applicant can show good cause for not reporting on these sources of income.
Refer to Medicaid Table 2 to determine how different types of income are counted.
8. Family And Children's Programs Countable Income Is Based On Modified Adjusted Gross Income (MAGI)
9. Income Of Spouse Is Available To Other Spouse For Family And Children’s Programs
10. Parent’s Income May Be Available To Children For Family And Children’s Programs
Income available to the parent of applicants must be counted to determine whether children are eligible for benefits.
Parent’s income must not be counted if any of the following conditions are met:
Child is in DFS custody. Child is married.
11. Children’s Income May Be Available To Parents For Family And Children’s Programs
12. Non-Relative’s Income Must Not Be Counted
Income of non-relatives living in the household must not be counted for Family and Children’s, SSI, or Aged, Blind, or Disabled Programs.
13. Income Of Spouse May Be Available To Other Spouse For SSI Or Aged, Blind And Disabled Programs
Spousal income is available to the other spouse when they live in the same household for the following programs:
QMB. SLMB #1 and #2. SSI – Related Programs.
Spousal income is unavailable to the other spouse for the following programs:
LSC. Long Term Care or Developmentally Disabled HCBS waiver. Hospice. Employed Individuals with Disabilities. IHC.
14. Parent’s Income May Be Available To Children For SSI Or Aged, Blind Or Disabled Programs
Parent’s income is available to a child(ren) for first month of institutionalization when either of the following conditions are met:
Parent and child lived in the same household before entering an institution. Child is applying for IHC, Hospice, LSC or SSI-related programs.
Parent’s income is not available to a child(ren) when either of the following conditions are met:
Child is disabled and receives SSI benefits while in an institution. Child is eligible for assistance under the DD HCBS waiver program. Child is eligible for assistance under the Children's Mental Health Waiver. Child is eligible for assistance under the Employed Individuals with Disabilities program.
15. Children’s Income May Impact Parents For SSI And Aged, Blind Or Disabled Programs
Income of an ineligible child(ren) is not available to parents. However, the dependent deduction must be reduced if the child(ren) has income. Refer to Medicaid Table 1A for dependent deductions.
16. Support Payments May Not Be Counted For SSI And Aged, Blind Or Disabled Programs
Income of an ineligible spouse, an ineligible parent, or an ineligible child used to make support payments must be excluded from countable income when:
Under a court order. OR Enforced in compliance with a State agreement under Title IV-D.
Income: 20 CFR 416. Subpart K
Defining Group: 42 CFR 435, Subpart G
45 CFR 233.10 – 233.38
Social Security Act § 19
SSI Income Is Not Countable.
Gross Income Is Defined As Income Before Taxes And Deductions.
Parent includes step-parent or adoptive parent.
Current Policy Effective Date: March 1, 2026
Date Last Reviewed: March 1, 2026
Previous Policy: December 1, 2015
POL M902: TREATMENT OF SELF-EMPLOYMENT INCOME
1. Applicants Must Report Gross Self-Employment Income
2. MAGI Programs Use The Adjusted Gross Income If There Is Not A Change In Income From Previous Year.
If current self-employment income is the same as the previous year, use the Adjusted Gross Income (AGI) on the previous year tax return plus:
Foreign Income excluded from AGI (line 37 or IRS Form 1040, line 4 on IRS Form 1040EZ, or line 21 of IRS Form 1040A) Nontaxable Social Security benefits (line 20a on IRS Form 1040) Tax-exempt interest received or accrues during the tax year (line 8b on IRS Form 1040)
3. Actual Business Expenses That May Be Deducted From Gross Self-Employment Income For MAGI Programs.
If self-employment income amount is different from the previous year or there is a change in the business source, a ledger or profit/loss statement can be used. Deduct from self-employment income the following business expenses:
Rent and utilities. Storage and warehousing charges. Upkeep of premises used for business. Depreciation. Advertising. Legal and Professional Fees. Interest on loans from your business (including mortgage interest paid to banks). Machinery repairs and maintenance. Wages and salaries paid to employees of business. Employees must be people that are not the applicant or other members of the assistance unit. Feed, stock, raw material, seed, plants and fertilizer. Taxes and insurance premiums paid on income-producing property. Rental payments on income-producing equipment. Privilege taxes such as licensing fees, gross receipts, and general excise taxes. Cost of merchandise and supplies. Transportation costs required to perform services or deliver goods that are related to the business. Other expenses incurred exclusively for the function of the business. Travel, meals, and entertainment - Expenses for lodging and transportation connected with overnight travel, if they are directly related to or associated with the active conduct of the trade or business. Do not allow expenses paid or incurred for a facility (such as a yacht or hunting lodge, etc.) used for any activity usually considered entertainment, amusement, or recreation. Do not deduct amounts paid or incurred for membership dues in any club organized for business, pleasure, recreation or other social purpose. This includes country clubs, golf, and athletic clubs, airline and hotel clubs.
4. Actual Business Expenses That May Be Deducted From Gross Self-Employment Income For Aged, Blind or Disabled, and Medicare Savings Programs.
Deduct from self-employment income the following business expenses:
Rent and utilities. Storage and warehousing charges. Upkeep of premises used for business. Machinery repairs. Wages and salaries paid to employees of business. Employees must be people that are not the applicant or other members of the assistance unit. Feed, stock, raw material, seed, plants and fertilizer. Taxes and insurance premiums paid on income-producing property. Rental payments on income-producing equipment. Privilege taxes such as licensing fees, gross receipts, and general excise taxes. Cost of merchandise and supplies. Transportation costs required to perform services or deliver goods that are related to the business. Other expenses incurred exclusively for the function of the business. Travel, meals, and entertainment - Expenses for lodging and transportation connected with overnight travel, if they are directly related to or associated with the active conduct of the trade or business. Do not allow expenses paid or incurred for a facility (such as a yacht or hunting lodge, etc.) used for any activity usually considered entertainment, amusement, or recreation. Do not deduct amounts paid or incurred for membership dues in any club organized for business, pleasure, recreation or other social purpose. This includes country clubs, golf, and athletic clubs, airline and hotel clubs.
Deduct out of pocket expenses for meals, toys and materials for child-care providers.
Do not deduct the following as business expenses:
Payments on the principal of the purchase price of income-producing real estate and capital resources, Examples of capital resources are equipment, machinery and other durable goods. Expenses and net losses from previous periods. Federal, state, and local income taxes. Money set aside for retirement purposes. Money set aside for other work-related personal expenses. Examples of other work related expenses are transportation to and from work, or entertainment expenses. Repayment on the principal of a bank loan. Depreciation on any equipment of resource used by the business. Penalties and fines related to the business. Charitable contributions made by the business.
5. Business Expenses Are Deductible When They Are Billed
Deduct allowable business expenses when they are billed or become due.
6. Self-Employment Income May Be Annualized
Annualize self-employment income when the following conditions are met:
Income is received over a short period of time but is intended to meet the financial needs of the assistance unit over the course of a year. Income is received on a monthly basis but represents annual income. Income is received from involvement in a business for less than a year but has been received for long enough to be able to average the income. In this case, income must also be indicative of future months.
7. Self-Employment Income May Be Averaged
Average self-employment income when the following conditions are met:
Income is intended to meet the financial needs of the assistance unit for a portion of the year and is indicative of the future. Income is received from involvement in a business that has not been in existence for long enough to provide sufficient information to annualize the income. In this case, income must also be indicative of future circumstances. Income substantially increases or decreases over the course of a year.
8. Self-Employment Income May Be Calculated on Monthly Basis
Allow applicant to anticipate self-employment income on a month-to-month basis rather than over the period of time covered by the income when this is advantageous to the assistance unit.
Re-calculate self-employment income when the most advantageous method is determined.
Defining Requirement: 20 CFR 416 - 1110
Self-employment income is defined as earning one's own living directly from one's own profession or business rather than earning a salary or commission from another.
Income related to an 'S Corporation' should be calculated in the same manner as self-employment income.
Current Policy Effective Date: August 1, 2008
Date Last Reviewed: July 29, 2008
Previous Policy:
POL M903: DETERMINING BEST ESTIMATES
Aged, Blind and Disabled Programs
1. Income May Need To Be Estimated
Complete a best estimate of prospective gross countable income when an applicant’s income is irregular. Use the applicant’s individual circumstances to determine the best approach for anticipating prospective gross countable income and determining the best estimate.
2. Best Estimates Include Actual and Estimated Income
Best estimates are determined by:
Counting actual income received during month of application. AND/OR Using the best estimate of any income the applicant expects to receive.
3. Second Month Income Estimate May Be Zero
The second and subsequent benefit month income estimates will be zero when both the following are true:
Applicant’s income ceases during the month of application for benefits. Applicant does not expect to receive additional income.
4. Existing Income History Must Be Used
When possible, use an applicant’s income history to determine the best estimate of future income.
Verified income history of at least 30 days, but not exceeding 60 days, may be used.
5. Best Estimates Must Be Reviewed
The best estimate of a client’s income must be reviewed when any of the following occur:
Client experiences a change in circumstances. Client reports a change in circumstances. Client is scheduled for a periodic review/recertification.
Income: 20 CFR 416, Subpart K
Defining Group: 42 CFR 435 Subpart G
Best Estimate is defined as a Benefit Specialist's best determination based on knowledge of past, current, and future case circumstances, which accurately reflects all facts known to the benefit specialist at the time.
Determining Best Estimate of Applicant’s Gross Countable Income
1. Determine earned and unearned income.
2. Verify past income with pay stubs when applicant has pay stubs covering at least a 30-day history of income.
2A. Do not exceed 60 days history.
3. Require an employer’s statement or other verification of past income when applicant does not have at least a 30-day history of income or if the history is not indicative of the future.
4. Estimate tips, commissions, overtime, differential pay, or other source of income when applicant’s employment indicates that applicant may receive income from one of these sources.
5. Count self-employment income representing the months for which applicant is applying for benefits.
5A. Deduct allowable business expenses from self-employment income.
5B. Refer to Section M902 for information on self-employment income and deductible business expenses.
6. Count irregular income representing months for which applicant is applying for benefits.
7. Prorate or average income from self-employment, contractual employment or intermittent income unless income is not indicative of future months.
7A. Examples of intermittent income are income received quarterly, semi-annually, or annually.
8. Count number of paychecks normally received by applicant in cases where a problem with payroll or mail causes the applicant to receive fewer or additional paychecks.
9. Document in applicant’s case record method used to determine best estimate.
10. Document rationale for choosing the method.
Current Policy Effective Date: July 1, 2006
Date Last Reviewed: April 23, 2007
Previous Policy:
POL M904: BENEFIT LEVELS
1. Applicant’s Maximum Benefit Level Determined Using Poverty Levels
The appropriate maximum income standard and/or maximum benefit level for all coverage groups must be determined by using the Maximum Income Standards Table (Reference Medicaid Table 1 ).
Defining Requirement: 42 CFR 435, Subpart A
Current Policy Effective Date: January 1, 2019
Date Last Reviewed: August 22, 2019
Previous Policy: May 1, 2017
POL M905: INCOME DISREGARDS/DEDUCTIONS
1. Allow A 5% FPL Income Disregard For MAGI Programs When It Would Make A Difference In Eligibility.
2. Allow Tax Deductible Adjustments To Income For MAGI Programs
Deductions and adjustments include:
Alimony paid to someone else for agreements finalized on or before December 31, 2018. Student loan interest paid Certain educator expenses Most contributions to individual retirement arrangements (IRAs) Penalties on the early withdrawal of savings Certain tuition and fees Health savings account contributions Certain business expenses not included in net income Net operating loss Other adjustments to gross income on IRS 1040 form lines 23-35 Moving expenses for Active Duty Military members that are ordered to move or change duty stations.
3. Do Not Include Credits And Deductions Listed On Page 2 Of IRS Form 1040 For MAGI Programs:
The standard deduction Itemized deductions detailed in Schedule A Child tax credit
4. Some Business Expenses May Be Deducted From Gross Self-Employment Income
Refer to M902 for Treatment of Self-Employment Income.
5. Allow The Following Deductions For The Medicare Savings Programs And Supplement Security Income (SSI) Program When Calculating Income:
$20 unearned income deduction per assistance unit $65 plus one-half of the remaining earned income is deducted for each working individual. Blind or impairment related work deduction for items or services directly related to assuring the blind/disabled individual can work. Dependent deduction for each ineligible child. Refer to Medicaid Table 1A , for the dependent deduction. Support payment deduction when there is a court order or state agreement under Title IV-D, and the payment is made by the ineligible spouse, ineligible parent, or ineligible child. Deduct either: The amount specified in the court order or agreement. The actual amount paid when less.
OR
The actual amount paid when more if the excess amount is for averages.
Defining Requirement: 20 CFR 416, Subpart K
42 CFR 435, Subpart
Deductions should not be entered into WES for MAGI programs if they do not make a difference in eligibility.
Current Policy Effective Date: July 1, 2023
Date Last Reviewed: October 19, 2023
Previous Policy: December 1, 2022
POL M906: COMPLETING MEDICAL ASSISTANCE COMPUTATIONS
1. Employed Individuals With Disabilities (EID) Premium
The EID program requires a monthly premium to be paid by the client based on gross monthly income. The premium must be recalculated when there is an increase or decrease in income.
Refer to Section M1003 for information on how to calculate the premium.
2. Certain Clients May Pay Patient Contribution Toward Cost Of Care
A client in ICF-ID (Wyoming Life Resource Center), Geriatric Hall at the State Hospital in Evanston, Inpatient Hospital, or Nursing Home/Swing Bed must pay a patient contribution toward their cost of care.
The following programs do not require a patient contribution:
Acquired Brain Injury Waiver Comprehensive and Support Waivers Children’s Mental Health Waiver Hospice Care Community Choices Home & Community Based Waivers
3. Patient Contribution May Be Required For Partial Month
ICF-ID (Wyoming Life Resource Center), Geriatric Hall at the State Hospital in Evanston, Inpatient Hospital, or Nursing Home/Swing Bed client must private pay toward their cost of care when a partial month penalty is imposed from an uncompensated resource transfer. Refer to Medicaid Table 9 for additional information.
4. Clients May Pay Prorated Patient Contribution
A client may pay a prorated amount toward the cost of care, based on the number of days in the facility, when any of the following occur:
Client enters or is discharged from a facility after the first of the month. Medicare is no longer paying room and board in full and the facility has notified you of the end date. Client passes away.
5. Clients With A Long Term Care (LTC) Insurance Policy May Pay A Reduced Patient Contribution
An LTC Insurance policy that pays directly to the facility, provider or the Wyoming Department of Health (WDH) reduces the amount the client pays toward their cost of care.
6. Clients May Not Pay An Initial Patient Contribution
Clients, who are already Medicaid eligible when they enter the nursing home, are not required to pay a patient contribution for the first 30 days in a facility. After 30 days pass, a patient contribution is required for the next full month.
Clients who are eligible for the Medicare Savings program are required to pay a patient contribution beginning with the month of entry into a nursing home.
7. Child Support May Be Deducted
The actual court ordered liability for child support may be deducted, against gross countable income, when calculating the patient contribution.
8. Deduction For Dependent Child
Dependent deduction may be allowed, against gross countable income, for each dependent child. Refer to Medicaid Table 1A for the dependent deduction amount.
9. Spousal Maintenance Allowance May Be Deducted
Spousal maintenance allowance may be deducted, against gross countable income, when there is a community spouse and his or her spouse is Medicaid eligible in a nursing home. Refer to Medicaid Table 1A for spousal maintenance allowance amount.
Community spouses should be informed the receipt of the spousal maintenance allowance could cause the loss of SSI, Medicaid, and/or MSP benefits.
Clients may refuse to make an allowance available or allow a partial allowance by writing a statement.
10. Spousal Maintenance Allowance May Increase
A spousal maintenance allowance may increase if the community spouse is found to have exceptional circumstances resulting in extreme financial duress.
11. Medical Expenses May Be Deducted From Patient Contribution
Medical expenses not covered by Medicaid, Medicare, private insurance, or a third party may be deducted, against gross countable income, when calculating the patient contribution.
Do not allow a deduction when a transfer penalty has been assessed on the case.
Medical expenses may be deducted from income, when calculating the patient contribution, until the medical expense is paid in full.
12. Medical Care Items Included In Daily Rates Must Not Be Deducted
Medical care items provided by an institution and included in the daily rate must be excluded from deductions. These include:
Wheelchairs, ice bags, bed rails, canes, crutches, walkers, or repair/replacement of such items Influenza or pneumococcal vaccines Oxygen or surgical supplies Over-the-counter items
13. Medicare Premium May Be Deducted From Patient Contribution
Allow a medical deduction, for Medicare premium(s) Part C and Part D when calculating the patient contribution. See Table 5B for documentation required to allow these deductions.
14. Health Insurance Premiums May Be Deducted From Patient Contribution
Allow a deduction, against gross countable income, for a health insurance premium and increase the deduction in any month the premium changes, when calculating the patient contribution.
Allow a deduction when the client has a single health insurance policy and pays a premium. Allow a deduction for the portion of the premium, applicable to the client, when there is a joint health insurance policy. Allow a deduction for the portion of the premium, applicable to the client, when the spouse pays the health insurance premium.
15. Home Maintenance Expense May Be Deducted From Patient Contribution
Allow a monthly deduction of $150, against gross countable income, to cover home maintenance for an individual or couple who are temporarily in an institution for six months or less.
Clients must provide a written statement from a physician to verify the temporary stay.
Expenses may not be deducted if the client has a community spouse.
16. Guardianship Costs May Be Deducted From Patient Contribution
Allow a deduction of $500, against gross countable income, to help with the cost of establishing a guardianship. An additional $75 per month may be deducted for guardianship fees.
17. Personal Needs Allowance Of $50 May Be Deducted Monthly
18. Wyoming Life Resource Center Individuals May Be Allowed A Working Deduction
Allow a deduction of $65 plus one-half of the remaining earned income, not to exceed $300, against gross countable income, for each working individual in the Wyoming Life Resource Center.
19. Income Trust Distributions For Nursing Home
For income trusts established on or after October 17, 2017
Allow the following distributions from an Income Trust:
Monthly distribution for each dependent child. Refer to Medicaid Table 1A . Monthly distribution for Trustee Fees not to exceed $20 per month. Yearly distribution for Income Tax, when taxes are required by law and owed to the Internal Revenue Service (IRS). One-time distribution of no more than $100 for actual verified expenses related to the establishment of the Income Trust. Distribution of $500 to help with the cost of establishing a guardianship. Monthly distribution of $75 for guardianship fees. Monthly spousal maintenance allowance. Figure by taking the spousal maintenance allowance minus the income of the community spouse. Refer to Medicaid Table 1A (F). The balance is the amount that can be distributed to the community spouse from the trust.
For income trusts established after September 1, 1998:
Allow all deductions listed above. In addition, allow the following distributions from the Income Trust: Administrative fees of the trust, not to exceed $20 per month. Income tax owed on the income within the trust. Attorney fees the trust is obligated to pay.
20. Income Trust Distributions For HCBS Waivers
For Income Trusts set up on or after October 17, 2017:
Allow the following distributions from an Income Trust:
Monthly distribution to the client, of the maximum income standard to the client. Refer to Medicaid Table 1A . Monthly distribution for each dependent child. Refer to Medicaid Table 1A . Monthly distribution for Trustee Fees, not to exceed $20 per month. Yearly distribution for Income Tax, when taxes are required by law and owed to the Internal Revenue Service (IRS). One-time distribution of no more than $100 for actual verified expenses related to the establishment of the Income Trust. Distribution of $500 to help with the cost of establishing a guardianship. Monthly distribution of $75 for guardianship fees. Monthly spousal maintenance allowance. Figure by taking the spousal maintenance allowance minus the income of the community spouse. Refer to Medicaid Table 1A (F). The balance is the amount that can be distributed to the community spouse from the trust.
The following may be distributed from an Income Trust established before October 17, 2018:
A monthly payment of the maximum income standard. Refer to Medicaid Table 1A (A). Administrative fees of the trust, not to exceed $20 per month. Income tax owed by the trust. Attorney fees the trust is obligated to pay. Spousal maintenance allowance. Figure by taking the spousal maintenance allowance minus the income of the community spouse. Refer to Medicaid Table 1A (F). The balance is the amount that can be distributed to the community spouse from the trust. Monthly distribution for each dependent child. Refer to Medicaid Table 1A . Distribution of $500 to help with the cost of establishing a guardianship. Monthly distribution of $75 for guardianship fees.
21 . Income From A Spouse Not Living In The Household May Not Be Included
If an applicant is separated from their spouse and the spouse does not live in the household, do not include the spouse in the household or request income verification for the spouse beginning the first of the month after separation.
Defining Requirement: 20 CFR 416, Subpart K
42 CFR Subpart I
Calculating Income And Converting To Monthly Amount
1. Paid weekly - Multiply gross income by 4.3 for monthly amount.
2. Paid bi-weekly - Multiply gross income by 2.15 for monthly amount.
3. Paid semi-monthly - Multiply gross income by 2 for monthly amount.
Allow applicants to anticipate income on a month-to-month basis rather than using the 4.3, 2.15, or 2 conversions, when advantageous to the assistance unit.
Determining Patient Contribution
1. Prorate the patient contribution when a client resides in nursing home for a partial month.
Example:
Prorating Income
Client enters nursing home on 3/19.
Monthly income is $1307.90.
$1307.90 - $304.90 (allowable deductions) divided by 31 days = $32.25 x 9 days = $291.15 patient contribution.
2. Calculate the patient contribution when an individual has a long term care insurance policy in the following manner:
Example:
Long Term Care Insurance Policy
Example 1
STEP 1
Nursing Home Daily Rate: $143.10
Times # of days in month x 30
Total monthly Medicaid rate $4,293.00
LTC insurance payment $140.00
Times # of days in month x 30
Total monthly LTC Insurance payment - $4,200.00
Subtract monthly Medicaid rate from the monthly LTC Insurance payment
Total Amount Owed to Facility $ 93.00
STEP 2
Clients Gross Income: $400.00
Minus Allowable deductions: - $ 50.00
Clients Countable income $ 350.00
STEP 3 Patient Contribution
Patient contribution is $93.00
The patient contribution will be whichever is less, the total amount owed to the facility or the client’s countable income after deductions.
Example 2
STEP 1 – Total Amount Owed to Facility
Nursing Home Daily Rate: $187.00
Times # of days in month x 31
Total monthly Medicaid rate $5,797.00
LTC insurance payment $125.00
Times # of days in month x 31
Total monthly LTC Insurance payment - $3,875.00
Subtract monthly Medicaid rate from the monthly LTC Insurance payment
Total Amount Owed to Facility $1,922.00
STEP 2 Client’s Countable Income
Clients Gross Income: $600.00
Allowable Deductions: - $ 50.00
Clients Countable Income $ 550.00
STEP 3 Patient Contribution
Patient contribution is $550.00
* The patient contribution will be whichever is less, the total amount owed to the facility or the client’s countable income after deductions.
This section will describe the eligibility requirements and the eligibility determination process for all Aged, Blind & Disabled coverage groups. The programs covered under this group are:
This section describes the eligibility requirements and the eligibility determination process for programs where the client is eligible for home and community based services.
Current Policy Effective Date: August 1, 2025
Date Last Reviewed:
Previous Policy: January 1, 2022
POL 1002A: DETERMINING ELIGIBILITY FOR COMMUNITY CHOICES HOME & COMMUNITY BASED WAIVER
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
2. Applicants Must Meet Medical Necessity Requirement
Applicants must meet medical necessity. Medical necessity is verified through an LT 101 and stored on the Medicaid Waiver system. Upload the Medicaid Activation Waiver Screen showing the applicant has received a funding opportunity and a Plan of Care has been approved. This verifies the applicant has met the medical necessity requirement.
3. Applicants Must Be Aged, Blind Or Disabled
Applicants must meet one of the following factors:
Age – 65 or older. Blind – legally blind based on Social Security standards. Disabled – person who receives disability benefits from SSA, or is determined disabled by WDH.
4. Applicants Must Be Age 19 Or Older
5. SSI Eligibles Do Not Need To Submit Application
If the client becomes ineligible for SSI, an application will be required to determine continued eligibility.
6. Applicants Must Meet Income Requirements
Require the countable income to be within the maximum income standard. Refer to Medicaid Table 1A for the income standards. Refer to Section M901 to determine if income is countable. Provide an Income Trust Packet when the countable income is above the maximum income standard.
7. Applicants Must Meet Resource Requirements
Require the countable resources to be within the maximum resource standards. Refer to Medicaid Table 7 for the resource standards. Refer to Section M801 to determine if resources are countable.
8. Services Withheld For Resource Transfers
Resources cannot be transferred for less than fair market value during the look-back period prior to application or when clients are receiving benefits.
Refer to Section M803 for information on transferred resources and Section M804 for information on transfer penalties.
9. Clients Must Have Approved Plan Of Care
10. Benefits Begin First Day of Month Plan Of Care Is Approved
Benefits begin the first day of the month the plan of care is approved by WDH.
11. Clients May Enter Nursing Homes
Clients entering a nursing home and remaining for 30 days must have their coverage changed to Nursing Home Care. Refer to Section M1001A for additional eligibility information.
12. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
A review is not required for SSI clients.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
13. Clients May Lose Benefits
The case will close when any of the following occur:
Client is discharged from the the Community Choices Home & Community Based Waiver. Client does not complete a review. Client dies. Client determined no longer eligible.
Defining Age, Blind, Disabled: 42 CFR 435 Subpart F
Income: 42 CFR 435 Subpart K
Resources: 42 CFR 435 Subpart L
Defining Group: 42 CFR 435.217
Social Security Act §1902(a)(10)(A)(ii)
1. Clients Pay No Patient Contribution.
Clients do not pay a patient contribution. There will be a patient contribution after 30 days if a client transfers to a nursing home.
Accessing Waiver System To Determine Eligibility
1. Access the Medicaid Waiver System to determine status of the waiver process and verify the medical necessity requirement has been met.
1A. Log into Waiver System by Clicking on the "Medicaid Waiver System" tab in ECOM or access at https://waivers.health.wyo.gov .
1B. Enter your user name and password. Click on the "Log In" button.
1C. Review the Confidentially Agreement, Check the box indicating that you agree, and Click on the "Continue" button to proceed. This agreement must be completed the first time you log into the system and is required again every 45 days.
2. Complete assigned tasks for applicants who are in the Medicaid Waiver System and meet the eligibility requirements.
2A. Click on the "View" icon next to the Last Name. The system will take you to the next screen and prompt you on what action needs to be completed.
2B. View , under Eligibility, a check mark by Review LT-101 verifies the Medical Necessity requirement has been met.
2C. The system will show Eligibility under Process, complete the determination:
2Ci) Click on Disability requirement has been met when the applicant or client is under 65, and has been determined disabled by SSA or WDH. (This field will only display when the applicant or client is under the age of 65.)
2Cii) Enter the Client ID # from WES.
2Ciii) Click on Has met the income and resource eligibility requirements.
2Civ) Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
2D. The system will communicate the eligibility determination and place the individual on a waiting list.
2E. Pend the case in WES until a Plan Of Care is approved and a start date is provided through the Medicaid Waiver System.
2F. Send a Pending Notice in WES when the individual meets all eligibility requirements.
3. Complete assigned tasks for applicants who are in the Medicaid Waiver System and do not meet the eligibility requirements.
3A. Click on the "View" icon next to the Last Name. The system will take you to the next screen and prompt you to complete the required actions.
3B. The system will show Eligibility under Process, complete the determination:
3Bi) Click on Disability requirement has not been met when the applicant or client is under age 65, and has not been determined disabled by SSA or WDH. (This field will only display when the applicant or client is under the age of 65.) OR
3Bii) Click on Disability requirement has been met when the applicant or client is under age 65, and has been determined disabled by SSA or WDH. (This field will only display when the applicant or client is under the age of 65.) AND
3BiiA) Click on Has been denied financial eligibility .
3Biii) Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
3C. The system will communicate the eligibility determination and notify the waiver program of the denial.
4. Complete a search for an existing waiver client who is being closed or an applicant who is on the waiting list who is being denied.
4A. Click on the "Search Cases" tab.
4B. Fill in any combination of information to find a client.
4C. Click on the "Search" button.
4D. Click on the "View" icon next to the client's name.
4E. Click on the drop down menu to select a reason for accessing this case and Click "Save."
4F. Enter closure or denial reason, the date the client was notified and the effective date of the closure or denial.
4G. Click "Close."
5. Receive notification from the Medicaid Waiver System when an applicant has a funding opportunity.
5A. Redetermine financial eligibility if 60 days has passed since initial application.
5B. Access the Medicaid Waiver System.
5C. View the Process, Funding Opportunity and Status, Confirm Financial, found under your assigned tasks.
5Ci) Click on Disability Requirement has been met. (This field will only display if the applicant or client is under the age of 65.)
5Cii) Click on Has met the income and resource eligibility requirements or
5Ciii) Click on Has been denied financial eligibility .
5Civ) Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
5D. Notification will be sent from the Medicaid Waiver System with the approved Plan Of Care start date.
Authorizing Cases in WES
1. Complete updating resources and income in WES in the month of application and the first month of waiver eligibility forward to maximum benefit month.
Determining Continued Eligibility If Client Loses SSI
1. Require a DHCF-300 Disability Application from the client to determine continued eligibility.
Determining Eligibility For Applicant That Does Not Meet Waiver Eligibility
1. Screen the applicant to see if the individual meets eligibility under another Medicaid group.
2. Deny the application when not eligible.
Applications Received For Applicants Not In The Medicaid Waiver System
1. Email the Waiver Program Manager to determine if an application has been received.
2. Screen the Medicaid application for eligibility under another group when an application has not been received by the Waiver Program Manager.
Closing Cases
1. Finalize eligibility and close benefits in WES when the applicant is no longer eligible
2. Allow 15-day closure notice when an adverse action has occurred.
3. Access the Medicaid Waiver System to communicate the eligibility determination.
This section describes eligibility requirements and the eligibility determination process for the Comprehensive and Support Waivers.
Waivers are programs that waive certain restrictions of the Wyoming State Medicaid Plan to allow the state to fund services in a person’s local community. The goals of these services are to support individuals in their own community and to avoid the need for residential institutional care.
Current Policy Effective Date: August 1, 2025
Date Last Reviewed:
Previous Policy: January 1, 2022
POL M1002B1: DETERMINING ELIGIBILITY FOR COMPREHENSIVE AND SUPPORT WAIVERS
1. Applicants Must Meet Basic Eligibility
Refer to Section M600 for information on basic eligibility.
2. Applicants Must Meet Level Of Care Requirement
Applicants must be approved for ICF-MR level of care.
3. Applicants Meet Disability Requirements
Applicants meeting the level of care requirement fulfill disability requirement.
4. SSI Eligibles Do Not Need To Submit Applications
If SSI is lost, an application will be required to redetermine eligibility.
5. Applicants Must Meet Income Requirements
Require the countable income to be within the maximum income standard per month. Refer to Medicaid Table 1A to see income standards. Refer to Section M901 to determine if income is countable. Provide an Income Trust Packet when the countable income is above the maximum income standard.
6. Applicants Must Meet Resource Requirements
Require the countable resources to be within the maximum resource limit. Refer to Medicaid Table 7 to see resource standards. Refer to Section M801 to determine if resources are countable.
7. Some Services Withheld For Nonexempt Resource Transfers
Nonexempt resources cannot be transferred for less than fair market value during the look-back period prior to application or when clients are receiving benefits.
Refer to Section M803 to determine if a resource transfer is exempt and Section M804 for information on related penalties.
8. Applicants May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility, or for 12 months from the last periodic review, for children under the age of 19.
9. Benefits Begin First Day Of Month Using Plan Of Care Date
10. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
A review is not required for SSI clients.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
11. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review. Client dies. Client determined no longer eligible.
Defining Group: 42 CFR 435.217
Social Security Act §1902(a)(10)(A)(ii)(xv)
Social Security Act § 1902(e)(12)
Income: 42 CFR 435 Subpart K
Resources: 42 CFR 435 Subpart L
The Medicaid Waiver System will send notification.
Clients Pay No Patient Contribution.
Clients under age 19, discharged from the Waiver, may have eligibility for the remainder of the 12 continuous months.
Determining Countable Income
1. Refer to Section M901 to determine if income is countable.
Determining Countable Resources
1. Refer to Section M801 to determine if resources are countable.
Calculating Nonexempt Resource Transfer Penalty
1. Refer to Sections M803 and M804 for information on transferring nonexempt resources and related penalties.
Accessing Waiver System to Determine Eligibility
1. Access the Medicaid Waiver System to determine status of the waiver process and verify the ICF-MR level of care requirement has been met.
1A. Log into Medicaid Waiver System by Clicking on the "Waiver System" tab in ECOM or access at https://waivers.health.wyo.gov .
1B. Enter your user name and password. Click on the "Log In" button.
1C. Review the Confidentially Agreement, Check the box indicating that you agree, and Click on the "Continue" button to proceed. This agreement must be completed the first time you log into the system and is required again every 45 days.
2. Complete assigned tasks for applicants who are in the Medicaid Waiver System and meet the eligibility requirements.
2A. Click on the "View" icon next to the Last Name. The system will take you to the next screen and prompt you on what action needs to be completed.
2B. View , under Eligibility, a check mark by Complete LT-104 verifies the ICF-MR level of care requirement.
2C. The system will show Eligibility under Process and Financial Eligibility as the Status:
2Ci) Click on Has met the income and resource eligibility requirements .
2Cii) Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
2D. The system will communicate the eligibility determination and place the individual on a waiting list.
2E. Enter the Waiver Type and Pending Date in WES on the Waiver Information screen until a Plan of Care is approved and a start date is provided through the Medicaid Waiver System.
2F. Finalize on the Preliminary Determination Summary screen as eligible when the individual meets all eligibility requirements. WES will pend the case and generate a notice.
3. Complete assigned tasks for applicants who are in the Medicaid Waiver System and do not meet the eligibility requirements.
3A. Click on the "View" icon next to the Last Name. The system will take you to the next screen and prompt you to complete the required actions.
3B. View the Status, Financial Eligibility or Confirm Financial Eligibility :
3Bi) Click on Has been denied financial eligibility .
3Bii) Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
3C. The System will communicate the eligibility determination and notify the waiver program of the denial.
4. Complete a search for an existing waiver client who is being closed or an applicant who is on the waiting list who is being denied.
4A. Click on the "Search Cases" tab.
4B. Fill in any combination of information to find a client.
4C. Click on the "Search" button.
4D. Click on the "View" icon next to the client's name.
4E. Click on the drop down menu to select a reason for accessing this case and Click "Save."
4F. Enter closure or denial reason, the date the client was notified and the effective date of the closure or denial.
4G. Click "Close."
5. Receive notification from the Medicaid Waiver System when an applicant has a funding opportunity.
5A. Redetermine financial eligibility if 60 days has passed since initial application.
5B. Access the Medicaid Waiver System.
5C. View the Process, Funding Opportunity and Status, Confirm Financial , found under your assigned tasks.
5Ci) Click on Has met the income and resource eligibility requirements or
5Cii) Click on Has been denied financial eligibility .
5Ciii) Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
5D. Notification will be sent from the Medicaid Waiver System with the approved Plan Of Care start date.
Authorizing Cases in WES
1. Complete updating resources and income in WES in the month of application and the first month of waiver eligibility forward to maximum benefit month.
Determining Continued Eligibility If Client Loses SSI
1. Require application.
2. Determine continued eligibility.
3. Finalize the new program type in WES and authorize benefits when the client meets all eligibility requirements.
4. WES will automatically generate an approval notice.
Approving Benefits
1. Update the Waiver Information screen in WES with the Plan of Care Date.
2. Finalize eligibility and authorize benefits when the client meets all eligibility requirements.
3. WES will automatically generate an approval notice.
4. Access the Medicaid Waiver system to communicate the eligibility determination.
Denying Benefits
1. Finalize eligibility and deny benefits in WES when the applicant is not eligible.
2. WES will automatically generate an approval notice.
3. Access the Medicaid Waiver System to communicate the eligibility determination.
Reviewing Cases
1. Refer to Section M1403 for information on reviewing cases.
Approving Cases For Remainder Of The 12 Continuous Months Period
1. Finalize the 12 Month Continuous Waiver program in WES and authorize benefits, beginning in the month after a child under the age of 19 is found ineligible.
2. WES will automatically generate a closure notice for the waiver services and approval for the 12 Month Continuous Waiver group.
Closing Cases
1. Finalize eligibility and close benefits in WES when the applicant is no longer eligible.
2. Allow 15-Day closure notice when an adverse action has occurred. WES will automatically generate the closure notice.
3. Access the Medicaid Waiver System to communicate the eligibility determination.
Current Policy Effective Date: August 1, 2025
Date Last Reviewed:
Previous Policy: January 1, 2022
POL M1002B2: DETERMINING ELIGIBILITY FOR ACQUIRED BRAIN INJURY WAIVER
1. Applicants Must Meet Basic Eligibility
Refer to Section M600 for information on basic eligibility factors.
2. Applicants Must Meet Medical Necessity Requirement
3. Applicants Meet Disability Requirements
Applicants meeting Medical Necessity Requirement fulfill the disability requirement.
4. Applicants Must Be Age 21 Through 64
Clients may continue to be eligible, beyond the age of 64, if they are eligible before their 65th birthday.
5. SSI Eligibles Do Not Need To Submit Application
If SSI is lost, an application will be required to redetermine eligibility.
6. Applicants Must Meet Income Requirements
Require the countable income to be within the maximum income standard per month. Refer to Medicaid Table 1A to see income standards. Refer to Section M901 to determine if income is countable. Provide an Income Trust Packet when the gross countable income is above the maximum income standard.
7. Applicants Must Meet Resource Requirements
Require the countable resources to be within the maximum resource limit. Refer to Medicaid Table 7 to see resource standards. Refer to Section M801 to determine if resources are countable.
8. Some Services Withheld For Nonexempt Resource Transfers
Nonexempt resources cannot be transferred for less than fair market value during the look-back period prior to application or when clients are receiving benefits.
Refer to Section M803 to determine if an resource transfer is exempt and to Section M804 for information on related penalties.
9. Benefits Begin First Day Of Month Using Plan Of Care Approval Date
10. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
A review is not required for SSI clients.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
11. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client dies. Client determined no longer eligible. Client does not complete review.
Define Group: 42 CFR 435.217
42 CFR 435 Subpart F
Income: 42 CFR 435 Subpart K
Assets: 42 CFR 435 Subpart L
SSI Eligibles Do Not Require An Application.
Client Pays No Patient Contribution.
Determining Countable Income
1. Refer to Section M901 to determine if income is countable.
Determining Countable Resources
1. Refer to Section M801 to determine if resources are countable.
Calculating Nonexempt Resource Transfer Penalty
1. Refer to Sections M803 and M804 for information on exempt resources and related penalties.
Authorizing Cases in WES
1. Complete updating resources and income in WES in the month of application and the first month of waiver eligibility forward to maximum benefit month.
Closing Cases
1. Send 15 day closure notice when an adverse action has occurred.
Current Policy Effective Date: August 1, 2025
Previous Policy: October 1, 2017
POL M1002C: DETERMINING ELIGIBILITY FOP CHILDREN'S MENTAL HEALTH WAIVER
1. Applicants Must Meet Basic Eligibility
Refer to Section M600 for basic eligibility factors.
2. Applicants Must be Age Four Through Age 20
3. Applicants Must Meet Clinical Eligibility
The Wyoming Department of Health (WDH), Behavioral Health Division determines clinical eligibility.
4. Applicants Must Meet Disability Requirements
Applicants meeting the clinical eligibility fulfill the disability requirement.
5. Applicants Must Meet Income Requirements
Require countable income to be within the maximum income standard per month. Refer to Medicaid Table 1A for income standards. Refer to Section M901 to determine if income is countable. Provide an Income Trust Packet when the countable income is above the maximum income standard.
6. Applicants Must Meet Resource Requirements
Require the countable resources to be within the maximum resource standard. Refer to Medicaid Table 7 for resource standards. Refer to Section M801 to determine if resources are countable.
7. Services Withheld For Resource Transfers
Nonexempt resources cannot be transferred for less than fair market value during the look-back period prior to application or when clients are receiving benefits.
Refer to Section M803 to determine if a resource transfer is exempt and to Section M804 for information on related penalties.
8. Applicants May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility, or for 12 months from the last periodic review, for applicants under the age of 19.
9. Benefits Begin First Day Of Month Using Plan Of Care Date
10. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
A review is not required for SSI clients.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
11. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur: Client does not complete review. Client dies. Client determined no longer eligible. Client enters public institution. Client moves out of state. Client’s 12-month period ends and he or she is no longer eligible.
Defining Requirement: 42 CFR 435.217
Social Security Act § 1915(c)
1. Clients Pay No Patient Contribution.
2. Clients under age 19, discharged from the Waiver, may have eligibility for the remainder of the 12 continuous months.
Determining Best Estimates
1. Refer to Section M903 for information on determining best estimates.
Determining Countable Income
1. Refer to Section M901 to determine if income is countable.
Determining Countable Resources
1. Refer to Section M801 to determine if resources are countable.
Calculating Resource Transfer Penalty
1. Refer to Sections M803 and Section M804 for information on nonexempt resources and related penalties.
Accessing Waiver System to Determine Eligibility
1. Access the Medicaid Waiver System to determine status of the waiver process and verify the Clinical Eligibility requirement has been met.
Log into Medicaid Waiver System by Clicking on the "Waiver System" tab in ECOM or access at https://waivers.health.wyo.gov .
Enter your user name and password. Click on the "Log In" button.
Review the Confidentially Agreement, Check the box indicating that you agree, and Click on the "Continue" button to proceed. This agreement must be completed the first time you log into the system and is required again every 45 days.
2. Complete assigned tasks for applicants who are in the Medicaid Waiver System and meet the eligibility requirements.
Click on the "View" icon next to the Last Name. The system will take you to the next screen and prompt you on what action needs to be completed.
View , under Eligibility, a check mark by the Clinical Eligibility requirement.
The system will show Eligibility under Process and Financial Eligibility as the Status: Click on Has met the income and resource eligibility requirements. Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
The system will communicate the eligibility determination and place the individual on a waiting list.
Pend the case in WES until a Plan Of Care is approved and a start date is provided through the Medicaid Waiver System.
Send a Pending Notice in WES when the individual meets all eligibility requirements
3. Complete assigned tasks for applicants who are in the Medicaid Waiver System and do not meet the eligibility requirements.
Click on the "View" icon next to the Last Name. The system will take you to the next screen and prompt you to complete the required actions.
View the Status, Financial Eligibility or Confirm Financial Eligibility : Click on Has been denied financial eligibility . Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
The System will communicate the eligibility determination and notify the waiver program of the denial.
4. Complete a search for an existing waiver client who is being closed or an applicant who is on the waiting list who is being denied.
Click on the "Search Cases" tab.
Fill in any combination of information to find a client.
Click on the "Search" button.
Click on the "View" icon next to the client's name.
Click on the drop down menu to select a reason for accessing this case and Click "Save."
Enter closure or denial reason, the date the client was notified and the effective date of the closure or denial.
Click "Close."
5. Receive notification from the Medicaid Waiver System when an applicant has a funding opportunity.
Redetermine financial eligibility if 60 days has passed since initial application.
Access the Medicaid Waiver System.
View the Process, Funding Opportunity and Status, Confirm Financial, found under your assigned tasks. Click on Has met the income and resource eligibility requirements or Click on Has been denied financial eligibility . Click on "Save" and "Complete." This will complete the task and remove the case from your task list.
Notification will be sent from the Medicaid Waiver System with the approved Plan Of Care start date.
Authorizing Cases in WES
1. Complete updating resources and income in WES in the month of application and the first month of waiver eligibility forward to maximum benefit month.
Closing Cases
1. Finalize eligibility and close benefits in WES when the applicant is no longer eligible
2. Allow 15-day closure notice when an adverse action has occurred.
3. Access the Medicaid Waiver System to communicate the eligibility determination.
Current Policy Effective Date: January 1, 2022
Date Last Reviewed:
Previous Policy: October 1, 2013
POL M1003: DETERMINING ELIGIBILITY FOR EMPLOYED INDIVIDUALS WITH DISABILITIES (EID)
1. Applicants Must Meet Basic Eligibility
Refer to Section M600 for a description of all basic eligibility factors.
2. Applicants Must Be Age 16 Through 64
3. Applicants Must Be Disabled
Individuals are considered disabled if they are receiving disability benefits from SSA or are determined disabled by WDH.
4. Applicants Must Be Employed
Applicants must have documented proof of employment. This verification should include a current statement indicating hours worked, amount earned, and contain an employer signature or a signed employer statement specifying applicant is on medical leave. Refer to Medicaid Table 5B .
Employment must be verified every year, or more often when changes occur.
5. Applicants Must Meet Income Requirements
Require the countable income to be within the maximum income standard. Refer to Medicaid Table 1A for the income standards. Refer to Section M901 to determine if income is countable.
Earned income is exempt when determining eligibility for this program. Earned income is used when calculating the premium.
6. Benefits Begin First Day Of The Application Month If Determined Eligible
7. Clients May Receive Retroactive Medicaid
Applicants may receive retroactive Medicaid benefits if they incurred medical bills during any of the three months prior to application.
Both approved and denied applicants must be reviewed. Reviewer must verify and determine eligibility separately for each retroactive month to determine whether the case would have been eligible if an application had been made.
Premiums for retroactive months must be paid prior to approving retroactive benefits.
8. Applicants Do Not Have Resource Test
9. Waiver Clients May Be Eligible For EID
Clients of Comprehensive and Support or ABI Waiver programs, losing eligibility due to increased earned income or excess resources, may be eligible under EID. These clients will retain their waiver benefits.
10. Clients Pay Premium Based On Gross Monthly Income
Clients will pay a monthly premium based on 7.5% of gross monthly income. Allow a $50 deduction from monthly unearned income.
11. Applicants Under Age 19 May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review.
12. Clients Must Be Reviewed
Clients must be reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
13. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not pay premium, except clients under age 19. Client is no longer employed. Client dies. Client determined no longer eligible. Client fails to pay premium. Client turns age 65. Client does not complete review.
Defining Group: 42 CFR 435 Subpart F
Social Security Act § 1902(a)(10)(A)(ii)(xv)
Income: 42 CFR 435 Subpart K
1. Employed Individual with Disabilities (EID) is defined as the Medicaid program that allows a low-income, working disabled individual age 16 through 64 to continue to work and purchase medical coverage under the Medicaid work incentives improvement option.
2. Fiscal Agent Must Notify The Worker When Premium Is Not Received.
3. Income Changes Require Recalculation Of Premium.
4. COLA increases to Social Security benefits may affect EID eligibility as well as the premium payment amount.
5. All income, including exempt income, is countable when calculating the premium.
6. In-Kind income can be counted as income for the EID program as long as there is a value put to it and there is verification by statement.
Determining Best Estimates
1. Refer to Section M903 for information on determining best estimates.
Determining Premium Payments
1. Enter all gross earned and unearned income in WES.
2. WES will calculate the premium amount using the income entered on the system. The EID premium amount will display on the Medical Eligibility Determination Results screen on the Income Test tab.
3. Monthly premiums are due as follows:
3A. Require no premium for first and second months; however, require premium to be prepaid for the third month and received by the 10th of the month.
Example: Application received in June, no premium for June or July; however, August premium is due by August 10th.
3B. Require a premium for all retroactive months to be received before authorizing each benefit.
Mail premiums to the Fiscal Agent:
State of Wyoming - EID Premiums
P.O. Box 200120
Dallas, TX 75320-0120
3C. Fiscal Agent provides payment coupons to remind clients of the monthly premium amounts and the due date of premium payment.
4. Finalize eligibility and authorize benefits. WES will automatically generate an approval notice, including monthly premium amount.
5. Enter any change in income on the appropriate screens in WES when there is an increase or decrease in income.
5A. WES will re-calculate the premium amount using the new income entered.
Acting On Non-Receipt Of Premium Payments
1. Receive notification of non-payment from Fiscal Agent.
2. Review for eligibility under other Medicaid programs.
3. Ineligible for other programs and under age 19, eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review.
4. Ineligible for other programs and over age 19, finalize eligibility and close for non-payment of premium.
Reinstating Benefits
1. If there is a 60-day break in Medicaid assistance, require completion of a new Medicaid application.
1A. Refer to program policies to determine eligibility.
1B. Eligible , finalize and authorize benefits for the first month of eligibility. Applicants must pay all delinquent premium payments before reopening the EID case.
1Bi. Case file should include a copy of the email from the Fiscal Agent stating delinquent premiums have been paid in full.
1C. Ineligible , finalize eligibility and deny benefits in WES.
2. If there is less than a 60-day break in Medicaid assistance, accept the premium.
2A. Reinstate benefits for the month of closure.
2B. Recalculate premium amount when change in income is reported and verified. WES will recalculate the premium using the new income entered.
3. Finalize eligibility and authorize benefits.
4. WES will automatically generate an approval notice, including monthly premium amount.
Reviewing Cases
1. Refer to Section M1403 for information on reviewing cases.
Approving Cases For Remainder Of The 12 Continuous Months Period
1. Change coverage group in WES to the 12 Month Continuous Waiver group, beginning the month the child under the age of 19 is found ineligible.
2. Finalize eligibility and authorize benefits.
3. WES will automatically generate a closure notice for the waiver services and an approval for the 12 Month Continuous Waiver group.
Closing Cases
1. Finalize eligibility and close benefits in WES when the applicant is no longer eligible.
2. Allow 15-day closure notice when an adverse action has occurred.
This section describes eligibility requirements and the eligibility determination process for the Medicare Savings Programs. The programs covered under this group are:
Current Policy Effective Date: January 1. 2022
Date Last Reviewed:
Previous Policy: November 1, 2015
POL M1101: DETERMINING ELIGIBILITY FOR QMB
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
2. Applicants Must Be Entitled To Part A And Part B Medicare Insurance
3. Applicants Must Meet Income Requirements
Require the countable income to be within the maximum income standard of less than or equal to 100% FPL. Assistance unit size of two must not be exceeded. Refer to Medicaid Table 1 . Refer to Section 905 for Income Disregards/Deductions.
4. Applicants Must Meet Resource Requirements
Require the countable resources to be within the resource limit for an individual, or couple. Refer to Medicaid Table 7 for the resource limit and Section M801 to determine if resources are countable.
5. Medicaid Will Pay Some Premiums And Deductions
Medicaid will pay Medicare Part A and B premiums.
Clients will receive a Medicaid card for the following limited services:
Yearly hospital and medical deductible. Coinsurance payment.
In addition, clients may receive assistance with their Medicare Part D premium payments from the Centers for Medicare and Medicaid Services (CMS).
6. Clients May Not Receive Retroactive Medicaid
Do not authorize retroactive Medicaid for clients receiving QMB benefits, unless they are found eligible under another coverage group allowing retroactive medical assistance.
7 Benefits Begin On First Day of Month After Eligibility Determination
8. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
9. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review. Client dies. Client determined no longer eligible.
Defining Group: Social Security Act §1902 (a) (10) (E)
Social Security Act §1905P
Income: 20CFR 416 Subpart K
Resources: 20CFR416 Subpart L
1. QMB is defined as a beneficiary covered under the Medicare Catastrophic Coverage Act (MCCA) of 1988.
2. Resource Transfer Provisions Do Not Apply.
3. Compare total countable income to the single standard in Medicaid Table 1 when the income of the ineligible spouse is not deemed.
Closing Cases
1. Finalize eligibility and close benefits in WES when the applicant is no longer eligible
2. Allow 15-day closure notice when an adverse action has occurred.
Current Policy Effective Date: January 1, 2022
Date Last Reviewed:
Previous Policy: November 1, 2015
POL M1102: DETERMINING ELIGIBILITY FOR SLMB
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
2. Applicants Must Be Entitled To Part A And Part B Medicare Insurance
3. Applicants Must Meet Income Requirements
Require the countable income to be within the maximum income standard of more than 100% FPL and less than or equal to 135% FPL. Assistance unit size of two must not be exceeded. Refer to Medicaid Table 1 . Refer to Section M905 for Income Disregards/Deductions.
4. Applicants Must Meet Resource Requirements
Require the countable resources to be within the maximum resource limit. Refer to Medicaid Table 7 to see resource standards. Refer to Section M801 to determine if resources are countable.
5. Medicaid Will Pay Some Premiums
Medicaid will pay Medicare Part B premiums.
In addition, clients may receive assistance with their Medicare Part D premium payments from the Centers for Medicare and Medicaid Services (CMS).
Clients will not receive a Medicaid card.
6. Applicants May Receive Retroactive Premium Payment
Applicants may receive retroactive premium payments for any of the three months prior to application.
Both approved and denied applicants must be reviewed. Reviewer must verify and determine eligibility separately for each retroactive month to determine whether the case would have been eligible if an application had been made.
7. Benefits Begin First Day Of The Month
8. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
9. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review. Client dies. Client determined no longer eligible.
Defining Group: Social Security Act §1902(a)(10)(E)
Social Security Act §1905P
Balanced Budget Act of 1997 Section 4732
Income: 20CFR 416 Subpart K
Resources: 20CFR 416 Subpart L
1. SLMB is defined as a beneficiary covered under the Medicare Catastrophic Coverage Act (MCCA) of 1998.
2. Resource Transfer Provisions Do Not Apply.
3. Compare total countable income to the single standard in Medicaid Table 1 when the income of the ineligible spouse is not deemed.
Closing Cases
1. Finalize Eligibility and close benefits in WES when the applicant is no longer eligible.
2. Allow 15-day closure notice when an adverse action has occurred.
This section describes eligibility requirements and the eligibility determination process for the Family and Children’s coverage group. The programs covered under this group are:
This section describes eligibility requirements and the eligibility determination process for the Children’s Groups. The programs covered under this group are Newborn, Child MAGI, and Foster Care.
Current Policy Effective Date: July 1, 2018
Date Last Reviewed: July 1, 2018
Previous Policy: January 1, 2014
POL M1201A: DETERMINING ELIGIBILITY FOR NEWBORN
1. Newborns With Medicaid Eligible Mothers Receive Automatic Eligibility
An application is not required.
This includes newborns of mothers eligible under any Medicaid program, including Emergency Services, Family and Children's.
2. Benefits Begin In The Month Of Birth And Continue Through The End Of The Month Of The Child’s First Birthday.
3. Clients Must Be Reviewed
Clients must be periodically reviewed in the month of their first birthday to determine continued eligibility under another Medicaid program. Refer to Section M1403 for information on reviewing eligibility.
Clients tax filer status is not required until clients periodic review in the month of their first birthday.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
4. Clients May Lose Benefit s
The case will close on the first day of the next month when any of the following occur:
Child dies Child moves out of state Periodic review is not completed
Defining Group: 42 CFR 435.117
Social Security Act § 1902(e)(12)
Applicants May Be Eligible Under Another Coverage Group.
1. If the Mother is not Medicaid eligible, determine eligibility for the newborn under another coverage group.
Newborns Are Not Required To Meet Basic Eligibility Factors.
Closing Cases
1. Send 15-Day closure notice when an adverse action has occurred.
Current Policy Effective Date: January 1, 2022
Date Last Reviewed:
Previous Policy: January 1, 2014
POL M1201B: DETERMINING ELIGIBILITY FOR CHILD MAGI
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
2. Applicants Must Be Under Age Nineteen
3. Applicants Must Meet Income Requirements
Countable family income must be less than or equal to 154% of FPL for children 0-5 and 133% of FPL for children 6-18. Refer to Medicaid Table 1 . Refer to Table 2A to determine if income is countable.
4. Applicants Do Not Have Resource Test
5. Benefits Begin First Day Of The Application Month If Determined Eligible
6. Applicants May Be Eligible For Retroactive Benefits
Applicants may receive retroactive Medicaid benefits if they incurred medical bills during any of the three months prior to application.
Both approved and denied applicants must be reviewed. Reviewer must verify and determine eligibility separately for each retroactive month to determine whether the case would have been eligible if an application had been made.
7. Applicants May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review.
8. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
9. Clients Who Transfer To A New Coverage Group
Clients who turn one under the Newborn program, need to be transitioned to the Child MAGI coverage group, the first day of the next month, following the child’s birthday.
10. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review. Client dies. Client moves out of state. Client determined no longer eligible.
Defining Group: 42 CFR 435.116
42 CFR 435.904
Social Security Act § 1902(e)(12)
Income: Social Security Act § 1902(a)(10)(A)(i)(VI)
Social Security Act §1902(a)(10)(A)(ii)(IX)
A child is defined as a dependent between birth and 18 years of age who is not an emancipated minor or a minor parent.
Asset Transfer Provisions Do Not Apply.
Children Receiving Medicare Still Qualify.
Determining Countable Income
1. Refer to Table 2A for information on countable income.
Determining Retroactive Benefits
1. Determine whether each approved or denied applicant incurred medical bills during any of the three months prior to the date of application.
Closing Cases
1. Send 15-Day closure notice when an adverse action has occurred.
Current Policy Effective Date: January 1, 2023
Date Last Reviewed: January 20, 20 23
Previous Policy: June 1, 2022
POL M1201D: DETERMINING ELIGIBILITY FOR FOSTER CARE
1. Applications Must Be Signed and Dated
All applications must be signed and dated by the DFS Social Worker to be processed.
DFS Authorized Representatives may submit and acquire information about Foster Care cases, but they cannot sign an application or report a change on behalf of the DFS Social Worker.
2. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
If no Social Security Number is listed on the 501a Applications, benefits must still be authorized.
SSN must be provided by renewal
If a child in DFS custody does not meet citizenship, they are still eligible for Basic Foster Care.
3. Applicants Must Be Under Age 21
Clients who turn 19 are no longer eligible for IV-E Foster Care. Transition these clients to one of the following coverage groups:
Foster Care Basic Foster Care, if necessary Institutional Foster Care, if necessary
4. Applicants Must Be In DFS/Tribal Custody
Child is no longer in DFS/Tribal Custody when:
Custody is terminated. Subsidized Adoption agreement is signed by DFS. Reference Section M1201E . Subsidized Guardianship agreement is signed by DFS.
5. IV-E Foster Care Will Be Determined by DFS
The DFS Social Worker will inform Medicaid on a 607 Change Form when a child has become IV-E Foster Care eligible.
6. Applicants Living With Parents Not Eligible For IV-E Or State Foster Care
7. Applicants Do Not Meet Income Requirements
Foster Care programs have no income requirements that are determined by the Wyoming Department of Health.
8. Applicants Do Not Have Resource Test
9. Applicants In Public Institutions May Be Eligible For Institutional Foster Care
Institutional Foster Care is for children placed at Wyoming Boys/Wyoming Girls school or in a detention facility. Coverage ends when they are released from DFS/Tribal Custody.
10. Applicants May Have Eligibility For 12 Continuous Months
For regular Foster Care eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review for children under age 19.
Basic Foster Care and Institutional Foster Care do not have a 12 Continuous month period. Benefits end when custody ends.
11. Eligibility Is Not Affected By Child Support Non-Cooperation
12. Clients Eligible For One Day Are Eligible For Entire Month
13. Clients Not In Wyoming May Retain Benefits
A child who moves out of Wyoming remains eligible when both of the following apply:
Child is in DFS/tribal custody. Child is not Medicaid eligible in the new state.
14. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
15. Clients May Be Eligible for Former Foster Youth After Their 18th Birthday
Children who were in DFS/Foster Care/Tribal custody in Wyoming and on a Federally Funded Medicaid program (Foster Care) at the time of their 18th birthday may apply and be screened for the Former Foster Youth Program. Applicant may be eligible for this program up to the age of 26 if eligibility criteria is met.
Applicants must meet the following eligibility criteria:
Current Wyoming Residency U.S Citizenship/Immigration status No income requirement No resource requirement Must have been released from DFS/Tribal custody on or after their 18th birthday Must have been receiving Medicaid under a Federally Funded Foster Care program at the time of release Institutional Foster Care and Basic Foster Care are not Federally Funded programs and do not meet eligibility criteria for Former Foster Youth
1 6 . Clients on Foster Care Medicaid in Another State on Their 18th Birthday May Be Eligible for Former Foster Youth
If an applicant submits a renewal or new application and indicates they were in Foster Care in a state outside of Wyoming on their 18th birthday, they can be reviewed for Former Foster Youth Medicaid in Wyoming . Applicant may be eligible for this program up to the age of 26 if eligibility criteria is met.
Applicants must meet the following eligibility criteria:
Current Wyoming Residency U.S Citizenship/Immigration status No income requirement No resource requirement Must have turned 18 on or after 01/01/2023 and simultaneously must have been in Foster Care or Tribal Foster Care in another state on or after 01/01/2023 Self-attestation accepted
17. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review Client enters a public institution Client is no longer a Wyoming resident Client dies Client determined no longer eligible Client has aged out of the program
Defining Group: 42 CFR 435.145
Social Security Act § 1902(e)(12)
Income and Resource: 42 CFR 435.222
A Foster Child is defined as a child who has been placed in DFS/Tribal custody and is in a foster care home or an approved/licensed facility.
Children’s Eligibility Is Not Affected By Child Support Non-Cooperation.
Information on IV-E Can Be Found in the DFS Policy Manual.
Social Worker will Notify Benefit Specialist When Child Moves Out of State.
Children who are reported by DFS or Tribal Foster Care as no longer in Custody should be switched from the Foster Care Program to the Child MAGI program for the remainder of the 12 Continuous Months, except for Institutional or Basic Foster Care.
Being formerly in Foster Care in Wyoming meets the verification requirement for Citizenship, Identity, Date of Birth, and Social Security Number, except for Basic Foster Care program.
Children reported through the DFS office contact can be eligible for Foster Care placement through an Interstate Compact on the Placement of Children (ICPC). Children on an ICPC are only reviewed if there is a change reported through the DFS contact. ICPC children should remain eligible through their placement on the ICPC.
Current Policy Effective Date: February 1, 2022
Date Last Reviewed: February 14 , 20 22
Previous Policy: January 1, 2014
POL M1201E: DETERMINING ELIGIBILITY FOR SUBSIDIZED ADOPTION
1. Applicants Must Have Adoption Assistance Agreement (SS43)
2. Applicants Must Be Under Age 18
The eligibility can continue until age 21 when the client qualifies under the special needs portion of the agreement, as determined by the Department of Family Services.
3. Applicants Over Age 18 Must Have Special Needs
The client meets special needs when the following are met:
The client cannot be returned to the parent(s) home per court order. The Social Service Caseworker has determined the client cannot be placed for adoption without providing adoption assistance.
4. Applicants Must Meet Identity
Refer to Section M602 for identity requirements.
5. Applicants Do Not Have An Income Test
6. Applicants Do Not Have Resource Test
7. Renewals Are Not Required Until Max Age Attainment of Adoption Agreement
Client will maintain continuous eligibility until they attain the age of 18 (or the age of 21 if the Adoption Agreement has determined that the child has a mental or physical disability which would warrant continuation of assistance).
8 . Applicants May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review if under age 19.
9. Eligibility Is Not Affected By Client Support Non-Cooperation
10 . Clients Eligible For One Day Are Eligible For Entire Month
11. Applicants Must Live In Wyoming
The client must live in Wyoming 60 days prior to the filing of the petition to adopt, pursuant to W.S. 1-22-103.
12. Clients Not In Wyoming May Retain Benefits
A client who moves out of Wyoming remains eligible when both of the following apply:
The Adoption Assistance Agreement shows Wyoming as being financially responsible for the client. Client is not Medicaid eligible in the new state.
13. Clients Must Be Reviewed
Clients must be reviewed for other Medicaid program eligibility before closing cases.
14. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
12-month period ends and client is no longer eligible. Adoptive parents are no longer legally responsible for the support of the client. Adoptive parents are no longer providing any support to the client. Client dies. Client determined no longer eligible.
15. IV-E Adoption Is Determined by DFS Case Worker
IV-E programs need to be entered in WES as IV-E for the correct funding match . There are no income or resource requirements determined in WES for IV-E Adoption .
Defining Group: 42 CFR 435.145
W.S. 42-3-103
Income and Resource: 42 CFR 435.222
1. Eligibility Starts From The Date Of The Application For Adoption Assistance.
2. Information On IV-E Adoption Can Be Found In The DFS IV-E Policy Manual.
3. Social Service Case Worker Will Notify Benefit Specialist When Client Moves Out of State.
4. Social Services Case Worker Will Notify Benefit Specialist In Writing When Client Is No Longer Eligible For Subsidized Adoption.
Determining Eligibility
1. Obtain the adoption assistance agreement signed by the DFS representative from the Social Service Caseworker.
2. Verify with DFS representative that the Adoption Assistance Agreement has been extended whe the client turns 18.
Subsidized Adoption Client Entering From Another State
1. Require the ICAMA form from the State Compact Administrator.
The State Compact Administrator is with DFS.
Current Policy Effective Date: October 1, 2020
Date Last Reviewed:
Previous Policy:
POL M1201F: DETERMINING ELIGIBILITY FOR IV-E GUARDIANSHIP
1. Applicants Must Have an IV-E Guardianship placement from DFS
2. Applicants Must Be Under Age 18
The eligibility can continue until age 21 when the client qualifies under the special needs portion of the agreement, as determined by the Department of Family Services.
3. Applicants Over Age 18 Must Have Special Needs
The client meets special needs when the following are met:
The client cannot be returned to the parent(s) home per court order. The Social Service Caseworker has determined the client cannot be placed for adoption without providing adoption assistance.
4. Applicants Must Meet Identity
Refer to Section M602 for identity requirements.
5. Applicants Do Not Have An Income Test
6. Applicants Do Not Have Resource Test
7. Applicants May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review if under age 19.
8. Eligibility Is Not Affected By Client Support Non-Cooperation
9. Clients Eligible For One Day Are Eligible For Entire Month
10. Applicants Must Live In Wyoming
The client must live in Wyoming 60 days prior to the filing of the petition to adopt, pursuant to W.S. 1-22-103.
11. Clients Not In Wyoming May Retain Benefits
A client who moves out of Wyoming remains eligible when both of the following apply:
The IV-E Guardianship placement shows Wyoming as being financially responsible for the client. Client is not Medicaid eligible in the new state.
12. Clients Must Be Reviewed
Clients must be reviewed for other Medicaid program eligibility before closing cases.
13. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
12-month period ends and client is no longer eligible. The IV-E Guardianship placement is no longer legally responsible for the support of the client. The IV-E Guardianship placement is no longer providing any support to the client. Client dies. Client determined no longer eligible.
Defining Group: 42 CFR 435.145
W.S. 42-3-103
Income and Resource: 42 CFR 435.222
1. Eligibility Starts From The Date Of The Application For IV-E Guardianship.
2. Information On IV-E Adoption and IV-E Guardianship Can Be Found In The DFS IV-E Policy Manual.
3. Social Service Case Worker Will Notify Benefit Specialist When Client Moves Out of State.
4. Social Services Case Worker Will Notify Benefit Specialist In Writing When Client Is No Longer Eligible For IV-E Guardianship.
Determining Eligibility
1. Obtain the IV-E Guardianship assistance agreement signed by the DFS representative from the Social Service Caseworker.
2. Verify with DFS representative that the IV-E Guardianship Agreement has been extended when the client turns 18.
This section describes eligibility requirements and the eligibility determination process for the Pregnant Women and the Qualified Pregnant Women groups.
Current Policy Effective Date: July 1, 20 23
Date Last Reviewed: June 28, 2023
Previous Policy: J uly 1, 201 8
POL M1202A: DETERMINING ELIGIBILITY FOR PREGNANT WOMEN
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors. Applicants must be a U.S. Citizen or a lawful present immigrant. Applicants residing in the U.S. under the Deferred Action Childhood Arrival (DACA) act are not eligible for this program.
2. Applicants Must Meet Income Requirements
Countable income must be less than or equal to 154% of the FPL. Refer to Medicaid Table 1 . Refer to Section M901 to determine if income is countable.
3. Applicants Do Not Have Resource Test
4. Benefits Begin The First Day Of The Application Month If Determined Eligible
Benefits begin on the first day of the application month, if eligible, and will continue through the 12 month postpartum period.
5. Applicants May Be Eligible For Retroactive Benefits
Applicants may receive retroactive Medicaid benefits if they incurred medical bills during any of the three months prior to application.
Both approved and denied applicants must be reviewed. Reviewer must verify and determine eligibility separately for each retroactive month to determine whether the case would have been eligible if an application had been made.
Retroactive benefits will not be authorized prior to the month pregnancy begins.
6. Non-Citizen Applicants Receive Limited Emergency Services
Pregnant women who are not a U.S. Citizen or a lawful present immigrant may receive emergency services, including labor and delivery. Refer to Emergency SVC Family & Children's Section M1205 for more information.
7. Clients Must Be Reviewed
Clients must be reviewed at the end of their 12 month postpartum period to determine continued eligibility under another Medicaid program to include Pregnant By Choice.
Send the Pregnant by Choice Questionnaire in the month of the estimated due date or upon notification of the baby’s date of birth. Have You Had Your Baby notice is sent 30 days after the due date when the birth of the child has not been reported.
Refer to Section M1403 for additional information on reviewing eligibility
8. Clients May Need To Cooperate With Child Support
Clients cannot be sanctioned during the 12 month post-partum period.
Unmarried women who give birth while on Medicaid will be required to cooperate with child support enforcement following the 12 month post-partum period, per birthing cost requirements in the statutes listed below.
9. Clients May Lose Benefits
Pregnant Women benefits will close on the first day of the next month when any of the following occur (Refer to Section M1404 for additional information on closing cases):
Client has moved out of state. Client enters a public institution, excluding the Geriatric Hall at the State Hospital in Evanston. Client dies. Client is determined no longer eligible. Client has not provided information on the date of birth of the newborn within the 12 month postpartum period.
Defining Group: 42 CFR 435.116
42 CFR 435.170
Child Support: 42 CFR 435.610
W.S. 14-2-1008 & 42-4-122
Income: Social Security Act § 1902(10)(A)(i)(IV)
Resource Transfer Provisions Do Not Apply.
The 12 month postpartum period begins in the month following the baby’s date of birth or estimated due date. For example, if the baby is born on September 15th, 2023, the postpartum period will end September 30th, 2024.
A mother on any full Medicaid or Kid Care CHIP Program, who reports that they had a baby while on Medicaid, even if they did not report their pregnancy, is still entitled to 12 months postpartum coverage beginning with the month following the birth of the baby.
The only programs this does not include is: Subsidized Adoption, 12 Month Extended, Emergency Services, Pregnant By Choice (PBC), QMB, SLMB, QI, Basic Foster Care, and Institutional Foster Care.
Determining Countable Income
1. Refer to Section M901 for information on calculating income.
Determining Retroactive Benefits
1. Determine whether each approved or denied applicant incurred medical bills during any of the three months prior to the month of application.
Closing Cases After The 12 Month Postpartum Period
1. Close the case after the 60 day postpartum period when the date of birth cannot be determined and one of the following occurs:
1A. Client has not completed and returned a review form. Refer to Section M1404 for more information on closing cases.
OR
1B. Client has not provided the baby’s date of birth. Refer to Section M1404 for more information on closing cases.
2. If the mother has received all benefits and is not eligible under another coverage group.
3. Send 15-Day closure notice.
Current Policy Effective Date: February 1, 2026
Date Last Reviewed: June 28, 2023
Previous Policy: July 1, 2023
POL M1202B: DETERMINING ELIGIBILITY FOR QUALIFIED PREGNANT WOMEN
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors. Applicants must be a U.S. citizen or a lawful present immigrant. Applicants residing in the U.S. under the Deferred Action Childhood Arrival (DACA) act are not eligible for this program.
2. Applicants Must Meet Income Requirements
Countable income must be less than or equal to the Family Care income standard. Refer to Medicaid Table 1 . Refer to Section M901 to determine if income is countable.
3. Applicants Do Not Have Resource Test
4. Benefits Begin The First Day Of The Application Month If Determined Eligible
Benefits begin on the first day of the application month, if eligible, and may continue through the 12 month postpartum period.
5. Applicants May Be Eligible For Retroactive Benefits
Applicants may receive retroactive Medicaid benefits if they incurred medical bills during any of the three months prior to application.
Both approved and denied applicants must be reviewed. Reviewer must verify and determine eligibility separately for each retroactive month to determine whether the case would have been eligible if an application had been made.
Retroactive benefits will not be authorized prior to the month pregnancy begins.
6. Non-Citizen Applicants Receive Limited Emergency Services
Pregnant women who are not a U.S. Citizen or a lawful present immigrant may receive emergency services, including labor and delivery. Refer to Emergency Services, Family & Children's Section M1205 for additional information.
7. Clients May Need To Cooperate With Child Support
Child support cooperation is required after the birth of the baby when the father is not in the home or when paternity has not been established, unless Good Cause is approved.
Clients must cooperate in establishing paternity and in obtaining medical support and payments. Clients must also cooperate in identifying and providing information to assist in pursuing third parties who may be liable to pay for care.
Unmarried women who give birth while on Medicaid will be required to cooperate with child support enforcement following the 12 month post-partum period, per birthing cost requirements in the statutes listed below.
Clients cannot be sanctioned during the 12 month post partum period.
8. Clients Are Waived From Cooperation If Good Cause Is Approved
Child support cooperation is not required if Good Cause is approved.
9. Clients Must Cooperate If Good Cause Is Denied
Clients may choose to do one of the following if Good Cause is denied:
Cooperate Refuse to cooperate but receive medical assistance for the children Withdraw the application
Clients not choosing to withdraw their application and still wanting medical assistance must be referred to Child Support.
10. Clients Must Be Reviewed
Clients will be reviewed at the end of the 12 month postpartum period to determine continued eligibility under another Medicaid program to include Pregnant By Choice.
Send the Pregnant By Choice Questionnaire in the month of the estimated due date or upon notification of the baby’s date of birth. The Have You Had Your Baby notice is sent 30 days after the due date when the birth of the child has not been reported.
Refer to Section M1403 for information on reviewing eligibility.
11. Clients May Lose Benefits
Pregnant Women benefits will close on the first day of the next month when any of the following occur (Refer to Section M1404 for additional information on closing cases):
Client has moved out of state. Client enters a public institution, excluding the Geriatric Hall at the State Hospital in Evanston. Client dies. Client determined no longer eligible. Client has not provided information on the date of birth of the newborn within the 12 month postpartum period.
Defining Group: 42 CFR 435.116
42 CFR 435.170
Child Support: 42 CFR 435.610
W.S. 14-2-1008 & 42-4-122
Income: 42 CFR 435 Subpart K
Resources: 42 CFR 435 Subpart L
Resource Transfer Provisions Do Not Apply.
The 12 month postpartum period begins in the month following the baby’s date of birth or estimated due date. For example, if the baby is born on September 15, 2023, the postpartum period will end September 30, 2024.
Determining Countable Income
1. Refer to Section M901 for information on calculating income.
Determining Retroactive Benefits
1. Determine whether each approved or denied applicant incurred medical bills during any of the three months prior to the date of application.
Closing Case After the 12 month Postpartum Period
1. Close the case after the 12 month postpartum period when the date of birth cannot be determined and one of the following occurs:
1A. Client has not completed and returned a review form. Refer to Section M1404 for more information on closing cases.
OR
1B. Client has not provided the baby’s date of birth. Refer to Section M1404 for more information on closing cases
2. Send 15-day closure notice.
Current Policy Effective Date: July 1, 2023
Date Last Reviewed: June 28, 2023
Previous Policy: January 1, 2014
POL M1202C: DETERMINING ELIGIBILITY FOR PREGNANT BY CHOICE
1. Applicants Must Be Transitioning From The Pregnant Women Program
Eligibility is determined in the 12 month postpartum period.
2. Applicants Must Not Be Eligible For Another Medicaid Program
3. Applicants Must Elect To Participate
Applicants are required to complete the Pregnant By Choice Questionnaire form in addition to the renewal form or Health Coverage Application.
4. Applicants Must Not Have Health Insurance
5. Applicants Must Not Have Undergone A Procedure To Permanently Prevent Pregnancy
6. Applicant Must Not Be Pregnant
7. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
8. Applicants Must Meet Age Requirements
Applicants must be age 19 through age 44.
9. Applicants Must Meet Income Requirements
Countable income must be equal to or less than 159% of the FPL. Refer to Medicaid Table 1 . Refer to Section M901 to determine if income is countable.
10. Applicants Do Not Have Resource Test
11. Applicants May Not Receive Retroactive Benefits
12. Applicants May Have Eligibility For 12 Continuous Months
Eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review.
13. Benefits Begin First Month Following End Of 12 month Postpartum Period
14. Clients Must Be Reviewed
Clients must be reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
15. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review. Client turns age 45. Client enters a public institution, excluding the Geriatric Hall at the State Hospital in Evanston. Client moves out of state. Client dies Client determined no longer eligible. Client’s 12-month period ends and is no longer eligible.
Defining Group: Section 1115(a) of the Social Security Act
1. Pregnant By Choice extends family planning options to women who would typically lose their Medicaid benefits after the 12 month postpartum period.
Closing Cases
Send a 15-Day closure notice when an adverse action has occurred.
This section describes eligibility requirements and the eligibility determination process for the Family Care Groups. The programs covered under this group are Family Care, 12 Month Extended Medicaid, and 4 Month Extended Medicaid.
Current Policy Effective Date: February 1, 2026
Date Last Reviewed: September 21, 2022
Previous Policy: October 1, 2022
POL M1204A: DETERMINING ELIGIBILITY FOR FAMILY CARE
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
2. Adults Must Be Caretaker Relatives
Adults must be a caretaker relative in the household of a child under the age of 18.
3. Adults Participating In A Strike Are Not Eligible
Refer to Section M200 for the definition of participating in a strike.
4. Applicants Must Meet Income Requirements
Countable income must be less than or equal to the Family Care income standard. Refer to Medicaid Table 1 . Refer to Table 2A to determine if income is countable.
5. Applicants Do Not Have A Resource Test
6 . Benefits Begin First Day Of The Application Month If Determined Eligible
7 . Applicants May Be Eligible For Retroactive Medicaid
Applicants may receive retroactive Medicaid benefits if they incurred medical bills during any of the three months prior to the month of application.
Both approved and denied applicants must be reviewed. Reviewer must verify and determine eligibility separately for each retroactive month to determine whether the case would have been eligible if an application had been made.
8. Applicants Under Age 19 May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility or for 12 continuous months from the last periodic review.
9. Clients May Need To Cooperate With Child Support
Child support cooperation is required for adults when the absent parent is not in the home or when paternity has not been established, unless Good Cause is approved.
Clients must cooperate in establishing paternity and in obtaining medical support and payments. Clients must also cooperate in identifying and providing information to assist in pursuing third parties who may be liable to pay for care.
Unmarried women who give birth while on Medicaid will be required to cooperate with child support enforcement per birthing costs requirements in the statutes listed below.
A step-parent can be closed if the Absent Parent Questionnaire is not returned.
10. Non-Cooperation Is Refusal To Fill Out Form Or Provide Information
Non-Cooperation is defined as any of the following:
Refusing to fill out the Absent Parent Questionnaire. Refusing to provide necessary information on the Absent Parent Questionnaire to identify the absent parent. Refusing to provide information to Child Support.
11. Clients Are Waived From Cooperation If Good Cause Is Approved
Child support cooperation is not required when Good Cause has been approved.
12. Birth Costs Clients Are Waived From Cooperation If a Newborn Passes Away
Clients will be granted Good Cause if a child born to a Medicaid eligible mother passes away within 60 days of the birth because of anticipated emotional harm to the mother or other family member.
13. Clients Must Cooperate If Good Cause Is Denied
Clients may choose to do one of the following if Good Cause is denied:
Cooperate
Refuse to cooperate, but receive medical assistance for the children
Withdraw the application.
Clients not choosing to withdraw their application and still wanting medical assistance must be referred to Child Support.
14. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
15. Clients May Lose Benefits
Adult's benefits may end due to non-cooperation with child support.
The case will close on the first day of the next month when any of the following occur:
Client does not complete review.
Client dies.
Eligible child leaves the home.
Eligible child turns 18.
Client moves out of state.
Client determined no longer eligible.
1 6 . Clients May Have Benefits Suspended
Clients who are reported as incarcerated in a jail or prison will have benefits suspended until they are released.
Defining Group and Income: Social Security Act § 1931
Social Security Act § 1902(e)(12)
Child Support: 42 CFR 435.610
W.S 14-2-1008 & 42-4-122
A child is defined as a dependent between birth and 17 years of age who is not an emancipated minor or a minor parent.
Resource Transfer Provisions Do Not Apply.
Children Receiving Medicare Still Qualify.
Determining Retroactive Benefits
1. Determine whether each approved or denied applicant incurred medical bills during any of the three months prior to the date of application.
Closing Cases
1. Send 15-Day closure notice when adverse action has occurred.
Maintaining Confidentiality When Child Transfers To New Case
1. Send closure notice stating child no longer in the home.
2. Do not identify new location of child.
Current Policy Effective Date: May 1, 2026
Date Last Reviewed: September 21, 2022
Previous Policy: February 1, 2026
POL M1204B: DETERMINING ELIGIBILITY FOR 12 MONTH EXTENDED MEDICAID
1. Adults Must Have Child(ren) In Assistance Unit
Adults must be a caretaker relative in the household of a child under the age of 18.
2. Assistance Unit Must Have Received Family Care Benefits
The assistant unit must have received Family Care benefits for at least three months within the six previous months.
3. Applicants Must Be Over Income Standard
Countable income must be more than the Family Care income standard. Refer to Medicaid Table 1 . Refer to Section M901 to determine if income is countable.
The caretaker relative must have increased wages due to:
Increased hours of employment. Increased salary. Returning to work.
4. Applicants Do Not Have Resource Test
5. Applicants Do Not Have To Cooperate with Child Support
6. Benefits Begin The Month After Family Care Benefits End
7. Clients Must Be Reviewed
Clients must be reviewed at the end of 12 months when income is below 185% FPL for all assistance unit members. Refer to Section M906 to calculate income.
Clients must be reviewed for the Family Care program when income change is reported any time during the 12 month period. Refer to Section M1204 for information on Family Care.
Refer to Section M1403 for information on reviewing eligibility.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
8. Clients May Receive Benefits For 12 Months
Benefits end in the seventh month for individuals age 19 or older when the income level is exceeded. Benefits must continue for the child(ren) for the remaining months of the 12-month eligibility period.
9. New Assistance Unit Members May Be Reviewed For Eligibility
Individuals born into, adopted into, or returning to a family after extended medical benefits began may be eligible for benefits. Individuals are eligible if their income added to the assistance unit’s income would not have impacted eligibility, when the unit was Family Care eligible.
10. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review. Eligible child leaves home. Eligible child turns 18. Client dies. Client moves out of state. Client determined no longer eligible. 12-month period ends and client is no longer eligible.
11 . Clients May Have Benefits Suspended
Clients who are reported as incarcerated in a jail or prison will have benefits suspended until they are released.
Defining Group: Social Security Act § 1925
Social Security Act § 1902(e)(12)
Income: Social Security Act § 1931
Reviewing Eligibility: 42 CFR 435.916
1. Resource Transfer Provisions Do Not Apply.
Closing Cases
Send 15 day closure notice when an adverse action has occurred.
Current Policy Effective Date: February 1, 2021
Date Last Reviewed: March 25, 2022
Previous Policy: April 1, 2021
POL M1205: DETERMINING ELIGIBILITY FOR EMERGENCY SERVICES
1. Applicants May Be Eligible For Emergency Services
Applicants may be eligible for temporary coverage for an emergency service when they meet all the eligibility requirements for a Medicaid program excluding U.S citizenship, identity and social security number requirements. Refer to Section M604 for information on determining Citizenship/Immigration status.
Applicants who do not meet the Citizenship/Immigration requirements are not eligible for Emergency Services under the Nursing Home, Home & Community Based Services Waivers, Hospice, Pregnant By Choice, Employed Individuals With Disabilities, Breast and Cervical Cancer, Tuberculosis, Kid Care CHIP or Medicare Savings Programs.
2. Sponsor's Income And Resources May Not Be Available
The income and/or resources of a sponsor is not available unless the sponsor signed an Affidavit of Support with the U.S Citizenship and Immigration Services.
When an affidavit has been signed, deem the income and resources of the sponsor and the sponsor's spouse, until one of the following occurs:
Immigrant becomes a citizen.
Sponsor dies.
3. Benefits Begin First Month Eligible
Eligibility for Emergency Services is determined one month at a time.
Clients receive benefits beginning in the first month eligible.
Clients may request retroactive benefits for each month they incurred medical services for an emergency, up to three months prior to their application.
Clients who are pregnant and apply within two months of their due date may receive benefits for the two months prior to due date, month of due date and month of delivery. Clients who are pregnant and their due date is not within the next two months will be reviewed for the month of application only. Individuals must reapply when an emergency medical service is incurred after the end date in WES.
4. Benefits Are Limited To Emergency Services
Medicaid Fiscal Agent reviews all claims for service and determines if the service meets the criteria for an emergency service.
5. Pregnant Women Services Limited To Emergency Services
Labor and delivery are considered emergency services.
Routine prenatal and postpartum care is not included in Emergency Services benefits.
6. Newborns May Receive Automatic Eligibility
An application is not required for newborns born to a Medicaid eligible mother.
Newborns are automatically eligible, beginning with the month of birth and continue through the end of the month of the child's first birthday, when both of the following conditions are met:
Newborn of mothers eligible for Emergency Services.
Child continues to live in Wyoming.
Defining Group: 42 CFR 435.406
Defining Emergency Services: 42 CFR 435.139
42 CFR 440.255
The Breast & Cervical Program and the Tuberculosis Program are special eligibility groups that fall under the Medicaid program.
The Breast & Cervical Program provides Medicaid coverage to individuals who need treatment for breast and/or cervical cancer.
The Tuberculosis Program provides Medicaid coverage for the treatment of Tuberculosis.
Current Policy Effective Date: January 1, 2022
Date Last Reviewed:
Previous Policy: September 1, 2017
POL M1301: BREAST & CERVICAL
1. Breast and Cervical Cancer Early Detection Program
The Department of Health, Prevention and Health Promotion Unit Division, screens applicants for assistance under the Wyoming Breast and Cervical Cancer Early Detection Program (WBCCEDP). This program provides access to breast and cervical cancer screening services.
Refer questions about the WBCCEDP to the Department of Health, Prevention and Health Promotion Unit Division at 1-800-264-1296.
Applicants, who are financially eligible and identified to be in need of treatment by WBCCEDP, are referred to the Medicaid Customer Service Center to determine eligibility for the Breast and Cervical Cancer Treatment program.
2. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
3. Applicants Must Meet Income Requirements
Countable family income must be less than or equal to 250% of FPL. Refer to Medicaid Table 1 . Refer to Table 2A to determine if income is countable.
4. Applicants Must Be Under The Age of 65
5. Applicants Must Not Be Eligible for Medicaid and Must Have No Health Insurance
6. Benefits Begin First Month of Eligibility
7. Applicants May Be Eligible For Retroactive Medicaid
Applicants may receive retroactive Medicaid benefits if they incurred medical bills and would have been eligible during any of the three months prior to the month of application.
Retroactive benefits may not be authorized prior to the month of the biopsy.
8. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility.
Clients must provide verification of income and need for continued breast or cervical cancer treatment.
9. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review. Client obtains other insurance. Client dies. Client is no longer receiving treatment. Client moves out of state. Client turns 65. Client determined no longer eligible.
Defining Group: Social Security Act § 1902(a)(10)(A)(ii)(xviii)
A referral from the Wyoming Breast and Cervical Cancer Program is required
1. Check to see if a referral has been received by the Wyoming Breast and Cervical Cancer Early Detection Program. This is a requirement before authorizing any applicant for the Breast and Cervical Cancer Treatment Program.
Current Policy Effective Date: January 1, 2022
Date Last Reviewed:
Previous Policy: April 1, 2014
POL M1302: DETERMINING ELIGIBILITY FOR THE TUBERCULOSIS PROGRAM
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
2. Applicants Must Be Screened For Medicaid Program Eligibility
Applicants must be screened for eligibility in other Medicaid programs before being considered for the Tuberculosis Assistance Program.
3. Applicants Must Provide Verification Of Tuberculosis Infection
Verification of infection must be provided within 30 days.
4. SSI Eligibles Do Not Need To Submit Application
If SSI is lost, an application will be required to redetermine eligibility.
5. Applicants Must Meet Income Requirements
Countable income must be within the maximum income standard per month. Refer to Medicaid Table 1A for income standards. Refer to Section M901 to determine if income is countable.
6. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
A review is not required for SSI clients.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
7. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review.
Client dies.
Client no longer has active TB infection.
Client moves out of state.
Client determined no longer eligible.
Defining Group: Social Security Act §1902(a)(10)(A)(ii)(XII) and 1902 (z)(1)
Income: Social Security Act § 1902(e)(14)(A) and (E)
1. MAGI-based income methodologies are used for this program.
This section includes information on time standards for processing, periodic reviews, case closure, reinstatement, reinstatement due to administrative hearing request, reapplication after termination, and the Payee Analysis Intercept System.
Current Policy Effective Date: January 1, 2014
Date Last Reviewed: October 19, 2015
Previous Policy: January 1, 2006
POL M1401: PROCESSING BENEFITS
1. Cases Must Be Authorized in WES
The Wyoming Department of Health Customer Service Center and the Long Term Care Unit determine the eligibility for Medicaid and authorizes the case in WES. Once authorized, it will be passed through an interface to the MMIS and provider claims are paid through the MMIS.
Current Policy Effective Date: July 1, 2023
Date Last Reviewed: June 28, 2023
Previous Policy: August 1, 2016
POL M1403: REVIEWS
1. Eligibility Factors Must Be Periodically Reviewed
The Department will conduct ex parte renewals when eligibility can be fully verified based on reliable information available to the Department. All household members who are age 14 or older must be run through the Workforce Services interface. If eligibility cannot be verified by the ex parte process, a pre-populated renewal form will be mailed.
2. Clients Must Complete The Renewal Process When An Ex Parte Renewal Cannot Be Completed
Medicaid Eligibility Renewal/Review Form - Aged, Blind or Disabled Programs for Long Term care Programs, and Medicare Savings Programs. Medicaid Renewal Form for the Family and Children's Programs All clients must be reviewed on all basis.
3. Social Workers Must Complete The Review Process When An Ex Parte Renewal Cannot Be Completed For a Foster Care Program
4. Clients Must Provide Verification For Reported Changes In Circumstances When The Change Cannot Be Verified Electronically
5. Periodic Reviews Are Not Required For Certain Groups
The following groups do not require periodic reviews:
SSI recipients Subsidized Adoption
Defining Requirement: 42 CFR 435.916
A Periodic Review Is Only Considered A New Application For Individuals Newly Applying For Benefits On An Exsisting Case.
Current Policy Effective Date: July 1, 2023
Date Last Reviewed: June 28, 2023
Previous Policy: October 1, 2022
POL M1404: CLOSING CASES
1. Closing Aged, Blind, Or Disabled Or Medicare Savings Programs Cases
A c lient's case must be closed when one or more of the following conditions are met:
Client is no longer in a nursing home or on a Home and Community Based Services Waiver Resources, income, status, or other eligibility factors have changed and the client is determined no longer eligible Client has not completed the review process Client has not cooperated in establishing continued eligibility Client requests case closure Client moves out of state Client dies
2. Closing Cases For Clients Under 19
DO NOT close a client under age 19 from the time of approval or periodic review until the end of the 12 month period, unless one of the following occurs:
Client moves out of state Client requests case closure Client dies Client turns age 19
3. Closing Family Care Cases
Close adult clients when:
A child under age 18 no longer lives in the home Income, status or other eligibility factors have changed and the client is determined no longer eligible Client has not completed the review process Client has not cooperated in establishing continued eligibility Client is reported in non-cooperation status with Child Support Enforcement Client requests case closure Client moves out of state Client dies
4. Closing 4 Month Extended Medical Cases
Close cases for 4 Month Extended Medicaid for the following reasons:
Client has moved out of state Four month period has passed and client is no longer eligible under another Medicaid group
5. Closing 12 Month Extended Medical Cases
Close cases for a 12 Month Extended Medical coverage group for the following reasons:
Client moves out of state Child in the household turns age 18 Close the client age 19 or over in the 7th month when the income at review is equal to or more than 185% FPL When the 12 month period has passed and the client is no longer eligible under another Medicaid group, the case must be closed
6. Closing Pregnant Women Cases
The Pregnant Women case will close when any of the following occur:
Client moves out of state Client requests case closure Client dies Client is determined no longer eligible Client has not completed a renewal by the end of the 12 month postpartum period
7. Closing Pregnant By Choice Cases
The Pregnant By Choice case will close when any of the following occur:
Client does not complete review Client requests case closure Client turns age 45 Client moves out of state Client dies Client determined no longer eligible 12-month period ends and client is no longer eligible
8. Closing Newborn Cases
Client moves out of state Client dies Client requests case closure
9. Eligibility Will Close On The First Day Of The Next Month When A 15-day Closure Notice Is Sent
Clients who do not receive a 15-day closure notice will receive an additional month of eligibility to allow time for notice
10. Some Cases Do Not Require A 15-day Closure Notice
Client moves out of state Client dies Client requests closure
11 . Incarcerated Clients Will Have Benefits Suspended, Not Closed
Clients who are reported as incarcerated in a jail or prison will have their benefits suspended
Clients must still meet all eligibility criteria for their current coverage group
Clients must renew at the regular interval
12. Clients must be reviewed for all coverage groups prior to closing
Defining Requirement: 42 CFR 431, Subpart E
42 CFR 435.912
42 CFR 435.919
Social Security Act § 19
Consolidated Appropriations Act of 2023
Closing Cases
1. Send 15-Day closure notice when adverse action has occurred.
Current Policy Effective Date: September 1, 2018
Date Last Reviewed: July 9, 2018
Previous Policy: November 1, 2015
POL M1405: REINSTATEMENT
1. Closed Cases May Be Reinstated
Closed cases may be reinstated for the following reasons:
Client is determined eligible based on new information. An administrative hearing has been requested timely.
2. Client Must Provide Required Information For Reinstatement
The following information may be required for reinstatement:
Verification of eligibility factors in question. New application after a 90-day break for all programs.
3. Reinstate Benefits Effective Month of Closure
4. Reinstatement of 12 Month Extended Medical Benefits
The 12 month period will not be interrupted and will continue as if there were no gap in benefits.
5. Client Must Request Reinstatement Within Specified Timeframe
Clients have the right to continued medical benefits pending an administrative hearing when the hearing and continued benefits are requested within ten days of the date on the closure notice.
6. Client Must Be Notified of The Requirement to Pay Excess Benefits
If the hearing decision is against the client, they may be required to pay back Medicaid for services provided during the hearing process.
7. Reinstate Benefits Due to Administrative Hearing
Reinstated benefits due to an administrative hearing will continue until one of the following occurs:
Hearing decision is received. Client requests closure of case. Client becomes ineligible due to not meeting another eligibility factor or program requirement and fails to request an administrative hearing within ten days on the subsequent closure notice. Client becomes ineligible due to a mass change pending the hearing decision.
8. Client’s Case May Be Closed
Client’s case will be closed when the hearing officer rules in favor of the agency.
Defining Requirement: 42 CFR 435.914
42 CFR 431, Subpart E
Social Security Act, § 19
1. Reinstatement is defined as restoring the case to eligible status when the client is determined eligible based on new information, or an administrative hearing has been requested timely.
Reinstating Benefits
1. Accept information/verification of eligibility factors when received.
2. Determine eligibility.
3. Revert case to “open” in WES.
4. Authorize case on the appropriate screen in WES.
5. Send approval notice.
Closing Cases After Administrative Hearing
1. Close case in WES.
2. Issue a 15-Day Notice of adverse action.
Current Policy Effective Date: April 1, 2023
Date Last Reviewed: October 7, 2023
Previous Policy:
POL M140 7 : R ENEWAL P ROCESSING PROCEDURES DURING THE UNWINDING OF THE CONTINUUS ENROLLMENT IN MEDICAID AND CHIP
1. Benefits May Not Be Closed Or Reduced Until A Renewal Opportunity Is Provided To An Ongoing Client
With CMS' approval, The Agency selected April 1, 2023, as the date to end the Continuous Enrollment Requirement in Medicaid and CHIP .
The Agency opted to hold procedural closures as part of a Mitigation Plan with CMS until August 1, 2023.
2 Effective June 2023, Ongoing EID Clients Will Resume Paying Premiums After His Or Her Renewal, If Determined Eligible
3. New 563B's Are Provided By The DFS Child Support Office And Sanctions Enforced Beginning April 1, 2023, After Renewal is Completed And Adult Is Determined Otherwise Eligible
4. Birth Cost Sanctions Are Being Enforced Once The Client Completes Her Postpartum Period After Renewal Is Completed And She Is Determined Othewise Eligible
5. Resources Are Not Being Considered During Renewal Until April 2024
Resources are considered when switching programs with different resource requirements at the time of the renewal as this is considered a new application.
Notices may be sent as a courtesy to clients who may be over the resource standard for their programs at renewal informing them they would possibly no longer be eligible if resources were being considered.
6. Clients Closed August 1, 2023, For Procedural Reasons Will Be Reprocessed Via Manual Ex Parte And Reopened If Determined Eligible
7. Manual Ex Partes Will Be Conducted For All Clients Prior To Closing For Procedural Reasons Until Individual Ex Parte Is Enabled Systematically In WES
Defining Requirement:
42 CFR Parts 410, 411, 414, 417, 433 and 510
The Economic Relief Package Related to COVID-19 (December 2020)
Consolidated Appropriations ACT (CAA) (December 2022) uncoupled Medicaid Enrollment Requirement from the National Public Health Emergency
The National Public Health Emergency Officially ended at the end of business May 11, 2023
Documenting Resource Waiver
1. Do not update resources in WES until April 1, 2024 .
2. If a client includes resource statements with the renewal or if the client went over the resource limit during the Public Health Emergency, notify the client that resource requirements are being waived until the next renewal is due.
3. Case note WES when the client is over resources.
4. Upload any resource verification provided by the client.
Documenting Resource Waiver
If a client completes a renewal or has a change in circumstances making them eligible for an MSP group (QMB, SLMB, or QI) or any other MEC group, he or she should be moved to the MSP group or another MEC group. If the client is not eligible for any program, maintain eligibility on his or current program.
Current Policy Effective Date: September 1, 2018
Date Last Reviewed: July 9, 2018
Previous Policy: September 1, 2016
POL M1500: NOTICES
1. Notices Must Contain Specific Information
All notices must contain the following information:
A statement of what action the state intends to take. The reason for the intended action. The date the action will occur. The reason and specific regulation(s) supporting the action. Explanation of the individual’s right to request an informal conference though the Wyoming Department of Health (WDH) and to request an administrative hearing. The explanation of the recipient’s obligation and responsibility to report to the Wyoming Department of Health (WDH) or its designee any changes in income, resources, and living situation.
2. Notices of Pending Application
Send a notice to the applicant or client when the application is pending waiting for information. The notice shall include what information is needed to complete the eligibility determination.
Send a notice to the applicant when financially eligible and the application is pending waiting for an approved plan of care.
3. Notice of Approval Or Denial Must Be Mailed Within The Application Time Frame
Applicants/clients must be sent notification of intended action, refer to Section M403 for application processing timeframes.
4. 15-Day Notice of Adverse Action Must Be Provided
The client must be provided a 15-Day Notice of adverse action prior to their benefits being closed or reduced.
Case may close immediately and does not require a 15 day notice under the following circumstances:
Applicant/recipient dies. Client has been accepted for Medicaid services by another state. Client requests closure through written statement or electronic signature. Client is admitted to a public institution.
Defining Requirement: 42 CFR 431.213
42 CFR 435.912
42 CFR 435.913
42 CFR 435.916
42 CFR 431, Subpart E
Social Security Act, Title XIX
Sending Notices
1. Mail the assistance unit a notification of approval or denial.
2. Notify the client of the reason if a delay in the eligibility determination occurs and approve or deny the case within the application time frames.
3. Mail the assistance unit a 15-Day notice of adverse action prior to closing or reducing their benefits.
4. Notify the applicant for Medicaid (HCBS) immediately when determined financially eligible and the application is pending waiting for an approved plan of care.
This section describes changes required to be reported by an assistance unit, the time frame for reporting the changes, and the processes for reporting the changes.
Current Policy Effective Date: September 1, 2018
Date Last Reviewed: July 9, 2018
Previous Policy: November 1, 2015
POL M1601: DETERMINING CHANGES TO BE REPORTED
1. Changes Must Be Reported Within Ten Days
Clients must report changes within ten days of identifying the change. They may do so by phone, in person, or in writing.
2. Clients May Be Required To Report Changes In Resources
All clients enrolled in programs with a resource test must report changes.
3. Clients May Be Required To Report Changes In Living Circumstances
Changes in the following must be reported:
Marital status. School enrollment. Household size. Living arrangements. Address. Eligible child leaves household. Eligible child turns 18.
4. Clients May Be Required To Report Changes In Earned Income
Changes in the following must be reported:
Source of income. Beginning/Ending employment. Rate of pay. Increase/decrease in number of work hours.
5. Clients Must Report Changes In Unearned Income
Clients must report new sources of unearned income or changes to existing unearned income.
6. Clients Must Report Changes In Health Insurance Coverage
Clients must report new health insurance coverage or changes to existing health insurance coverage.
7. Clients May Report Uncovered Medical Expenses
Reporting uncovered medical expenses may change patient contribution.
8. Agency Must Act On Change Within Ten Days
The agency has ten days from the date of the client’s report to act on the change.
9. Agency Must Provide 15-Day Notice Of Adverse Action
The agency must provide a fifteen calendar day notice of adverse action. Adverse action is a decision to deny, decrease, or close benefits.
10. Agency Must Require An Application
Client must submit a new application after:
60 days from denial or 90 days from closure for all programs.
Defining Requirement: 42 CFR 435.916
1. Children under age 19 have 12 months of continuous benefits and do not need to report changes in income until review.
Issuing Notice of Adverse Action For Incomplete Information Received
1. If information received is incomplete, request missing information or information required for verification.
1A. Issue a notice to request missing or required information and/or verification.
2. If requested, assist the client in obtaining information/verification.
Re-determining Eligibility
1. Receive reported change.
2. Document the date of the re-determination in the case record in all instances recording the information and method used to arrive at the best estimate.
3. Review case to determine if changes reported affect eligibility.
4. If eligibility is not affected, no further action is required. If the change increases the benefits, send an approval notice for the new program.
5. If determined no longer eligible, close case and send 15-Day Notice.
5A. Close case the first of the following month when a closure notice can be provided at least fifteen days prior to the end of the month.
5B. Close case the month after next if notice cannot be provided at least fifteen days prior to the end of the month.
Closing For Ineligibility, Non-Response, Or Missing Information/Verification
1. Close benefits the first day of the following month when a closure notice can be provided at least fifteen days prior to the end of the month.
2. If notice cannot be provided at least fifteen days prior to the end of the month, close benefits the month after next.
3. Issue a Notice of Adverse Action.
Receiving Information/Verification After Closure Or Denial
1. If information/verification is received more than 60 days from denial or 90 days from closure, require completion of a new application. See Section M401 .
1A. Refer to program policies to determine eligibility.
2. If information/verification is received within 60-days from denial or 90 days from closure, accept the information/verification and process without requiring a new application.
2A. Refer to program policies to determine eligibility.
3. If eligible, reopen the case and authorize benefits in the first month of eligibility.
4. If ineligible, issue a notice of adverse action.
This section provides information on other related health programs to which an individual may be referred.
Current Policy Effective Date: February 14, 2022
Date Last Reviewed: May 13, 2022
Previous Policy: October 1, 2020
POL M1803: DETERMINING ELIGIBILITY FOR KID CARE CHIP
1. Applicants Must Meet Basic Eligibility Factors
Refer to Section M600 for a description of all basic eligibility factors.
2. Applicants Must Be Under Age Nineteen
3. Applicants Must Meet Income Requirements
Countable family income must be over the Medicaid income limit of 154% of FPL for children 0-5 and 133% of FPL for children 6-18, but less than or equal to 200% of FPL for all children 18 and under. Refer to Medicaid Table 1 . Refer to Table 2A to determine if income is countable.
4. Applicants Do Not Have Resource Test
5 . Applicants Must Not Have Other Health Insurance Or Be Eligible To Enroll In The Wyoming State Employees Health Plan
6 . Benefits Begin First Day Of The Application Month If Determined Eligible
7 . Kid Care CHIP May Not Receive Retroactive Coverage
Do not authorize retroactive benefits unless they are found eligible under another coverage group allowing retroactive medical assistance.
8. Applicants May Have Eligibility For 12 Continuous Months
The eligibility continues for 12 months from the effective date of eligibility or for 12 months from the last periodic review.
9. Clients Must Be Reviewed
Clients must be periodically reviewed every 12 months to determine continued eligibility. Refer to Section M1403 for information on reviewing eligibility.
Clients must be reviewed for other Medicaid program eligibility before closing cases.
10. Clients Who Transfer To A New Coverage Group
Clients who turn one under the Newborn program, need to be transitioned to the Child MAGI or Kid Care CHIP coverage group, the first day of the next month, following the child’s birthday.
11. Clients May Lose Benefits
The case will close on the first day of the next month when any of the following occur:
Client does not complete review. Client dies. Client moves out of state. Client determined no longer eligible. Client starts receiving other health insurance coverage.
Defining Group: 42 CFR 435.229
Social Security Act § 1902(e)(12)
Income: Social Security Act § 1902(a)(10)(A)(i)(VI)
Social Security Act §1902(a)(10)(A)(ii)(IX)
A child is defined as a dependent between birth and 18 years of age who is not an emancipated minor or a minor parent.
Asset Transfer Provisions Do Not Apply.
Determining Countable Income
1. Refer to Table 2A for information on countable income.
Closing Cases
1. Send 15-Day closure notice when an adverse action has occurred.
Current Policy Effective Date: July 1, 2021
Date Last Reviewed: July 1, 2021
Previous Policy: August 1, 2018
POL M1804: STATE SUPPLEMENTAL PAYMENTS
1. State Supplemental Payments Complement the Federal Benefit Amount
State Supplemental Payments are required in order to receive federal match for the Medicaid program. These payments are intended to complement the federal benefit amount, thereby increasing the amount of income available to the SSI recipient.
2. Clients Must Meet Eligibility Requirements
Clients must meet all of the following criteria to be eligible:
Client’s sole source of income is an SSI payment. Client is a Wyoming resident.
3. State Supplements Payments are $20.00 Monthly
4. Benefit Processing Occurs Automatically
Eligibility for State Supplemental payments is determined by using the information SSA provides through an interface between the SDX and WES. Payments are directly deposited into the account the client uses for their SSI payment. If the client uses Direct Express or does not have an account, a hard copy check will be mailed out each month. The State Supplement GAX Payment Certification is a report of all individuals who were issued a payment during each month.
Defining Requirement: 20 CFR 416.2001
W.S. 42-2-103
Senate Enrolled Act 43 (SF002)
1. The payment can be made part of the estate if the client dies after the first of the month.
Verifying Payment Information
The following living arrangements and Record Identification Codes are used to determine the pay rate:
1. The SDX will display the Living Arrangement Code (LA) as follows:
CODE LIVING ARRANGEMENT
A Own household
B Another's household
C Parent's household (child cases only)
D Title XVI institution
BLANK Individual is in a non-Title XIX institution, living arrangement change in progress outside the U.S.
2. The SDX will display the Record Identification Code (RIC) as follows:
CODE RECORD IDENTIFICATION
I Individual (with or without ineligible spouse)
C Couple (eligible individual with eligible spouse)
M Child claim with mother
F Child claim with father
P Child claim with parents
X State to SSA record exception
Authorizing Retroactive Payments
1. Authorize retroactive supplemental payments upon request, when eligible.
2. Forward all requests for retroactive payment, along with verification of eligibility, to the WDH Fiscal office to process payment.
Reporting Address Changes
1. Record address change in WES, create a mailing label for the next month, if necessary.
2. Advise client to report address changes to SSA.
Researching Payments Not Received
1. Check the SDX for the individual's name when the client reports they failed to receive a State Supplemental Payment.
2. If the client is not listed, refer them to the SSA.
3. If the client is listed, check the State Supplement GAX Payment Certification to ensure a check has been issued. If the check has not been issued:
3A. Determine if the individual is eligible and what the payment amount should be.
3B. If eligible, submit a request and verification of eligibility to the WDH Fiscal office to process payment.
If the check has been issued:
3C. Process a replacement when the check is not received by the client or the WDH Client Services Unit after 2 weeks from mailing.
The "Give One Day" Eye Care program was implemented by the Department of Family Services (DFS) in October, 1986. This program is a cooperative effort between the Wyoming Optometric Association (WOA) and DFS to provide eye care services to low Income individuals in need.
The applicant must be employed, has not had an eye examination in the last two years, and authorized for Food Stamps, or identified by DFS, WDH or the Optometric Association as truly in need.
The client will receive this service one-time only and it must be provided by the optometrist designated by DFS. The services do not include contact lenses, photo gray or tinted lenses, or prescription sunglasses. The optometrist will select the frames and there will be no option to upgrade.
Refer to the DFS Combined Manual for more information on this program.
The Link Up America program assists Wyoming residents with the cost of installing a telephone. Clients must be receiving benefits from the POWER, Medicaid, Child Care, Food Stamps, LIEAP, or PDAP programs. The Link Up America program provides a 50% discount on each service installation not to exceed $30.
TAP is a service provided by telephone companies to help people and families maintain a phone, landline, cable or cell phone. The program is open to anyone enrolled in SNAP, LIEAP, Medicaid or other social service programs. Your telephone company can tell you specifically how you can benefit.
Visit the DFS website for more information:
dfs.wyo.gov/assistance-programs/home-utilities-energy-assistance/telephone-assistance-lifeline
Current Policy Effective Date: January 1, 2015
Date Last Reviewed: October 20, 2015
Previous Policy: January 1, 2006
POL M1809: MEDICARE PART D PRESCRIPTION DRUG ASSISTANCE
1. Medicare Prescription Drug Assistance is Available to All Medicare Beneficiaries
This benefit will provide assistance with prescription drug coverage for Medicare beneficiaries.
2. Dual Eligible Client’s Prescription Drug Benefits Will Be Covered by Medicare
Beginning January 1, 2006 Medicaid no longer covers prescription drugs for full-benefit dual eligible clients. Dual eligible clients can contact the following agency for assistance in choosing a Medicare Prescription Drug Plan:
Wyoming State Health Insurance Information Program (WSHIIP):
Cheyenne – 634-1010 Casper – 235-5959 Riverton – 1-800-856-5398 All other locations – 1-800-856-4398
3. Low Income Subsidies Are Available
Extra help is available to assist lower income Medicare beneficiaries. This will assist in paying premiums and deductibles to a drug plan on behalf of the Medicare beneficiary.
An application is not required for a full-benefit dual eligible or those clients of a Medicare Savings Program. These individuals will automatically receive a low income subsidy from the Centers of Medicaid and Medicare Services (CMS). An application will be required for all other Medicare beneficiaries.
Defining Requirement: Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA)
Current Policy Effective Date: January 1, 2014
Date Last Reviewed: September 4, 2014
Previous Policy: April 1, 2003
POL M1810: MEDICARE BUY-IN
1. Medicaid Pays Medicare Part A & B Premiums For Medicaid Eligible Individuals
Medicaid pays the Medicare Part A and part B Premiums for all Medicaid Eligible individuals, with the exception of:
SLMB- Medicaid will pay the Medicare Part B premium only QI- Medicaid will pay the Medicare Part B premium only. QDWI-Medicaid will pay the Medicare Part A premium only.
2. Medicaid Pays Medicare Premiums Beginning The Month Eligibility Is Determined
Medicare Buy-In benefits begin in the month eligibility is determined for all programs, with the exception of QMB. QMB clients will have Medicare premiums paid beginning the first of the month after eligibility is determined.
3. Clients May Receive Refund
If premiums are deducted from a client’s SSA benefit prior to buy-in being processed, a refund will be issued by the Centers for Medicare and Medicaid Services (CMS). This refund may take approximately three months to be processed.
Defining Requirement: 42 CFR 407.40
Current Policy Effective Date: February 1, 2026
Date Last Reviewed: July 19, 2024
Previous Policy: February 14, 2022
POL 1811: DETERMINING ELIGIBILITY FOR PRESUMPTIVE ELIGIBILITY
1. Presumptive Eligibility Determinations Are Made By Qualified Providers Or Qualified Hospitals
Qualified Providers can process PE applications for the Pregnant Woman program only.
Qualified Hospitals can process PE applications for the following programs:
Pregnant Woman Child MAGI Family Care Breast and Cervical Cancer Former Foster Youth KidCare CHIP
2. Applicants Must Meet All Eligibility Criteria Set For The Full Medicaid Program
Applicants must meet all eligibility criteria for the full Medicaid program but no verifications are required.
3. Benefits Begin The Day The PE Application Was Submitted If Determined Eligible
4. There Are No Retroactive Benefits For PE
5. Clients May Lose Benefits
Benefits will close on the last day of the month after the PE approval, if no full Medicaid application is received.
PE benefits will close when a determination is made on the full Medicaid application, if one is received.
6. PE Periods Are Limited
One PE benefit period is allowed per pregnancy.
One PE benefit period is allowed per year for all other PE groups.
7. The Medicaid Streamlined Application Is Required To Obtain Full Medicaid.
42 CFR 435.907
1902 (a) (47) and 1920 of the Act
1. All information gathered for PE is based on self-declaration, information is not verified.
2. Qualified Hospitals must meet standards established by the state.
3. A corrective action plan will be established for Qualified Hospitals who do not meet the standards established by the state.
4. PE for pregnant woman only covers ambulatory outpatient services. All other PE groups have the same coverage as their full Medicaid program.
Current Policy Effective Date: January 1, 2014
Date Last Reviewed: September 4, 2014
Previous Policy: July 1, 2012
POL M1900: INFORMAL CONFERENCES/ADMINISTRATIVE HEARINGS
1. Applicants Or Clients May Request Administrative Hearing
Applicants or clients may request an Administrative Hearing when an adverse action is taken to deny, close, suspend or reduce benefits.
2. Applicants Or Clients Must Request Hearing Within 30 Days
Applicants or clients must provide a verbal or written request for a hearing within 30 days of the date printed on the notice of adverse action.
3. Applicants Or Clients May Be Represented
Applicants or clients may be represented by an attorney, relative, friend or other spokesperson.
4. Formal Conference May Be Conducted
Formal Conferences must be conducted within three days from receipt of a request for an Administrative Hearing, unless waived by the applicant, client or the client’s representative.
5. Administrative Hearings May Be Denied
An Administrative Hearing may be denied for the following reasons:
Adverse action is due to a Federal or State law requiring an automatic change that affects some or all clients. A determination was made that an adverse action was not taken by the WDH, Long Term Care Unit or the Customer Service Center. The request for the hearing was not received within the required timeframe. The adverse action was taken by the Social Security Administration.
The applicant, client or representative will be notified of the approval or denial of their request for hearing.
6. Clients Benefits May Continue Pending Administrative Hearing
Continue Medicaid benefits when the client requests a hearing before the effective date of the adverse action, unless the request for hearing is denied.
7. Administrative Hearings Must Be Referred To The Office Of Administrative Hearings (OAH) By The WDH Within 10 (Ten) Days Of Request
8. Administrative Hearings Must Be Held Within 40 Days Of Request
Defining Requirement: 42 CFR 431, Subpart E
Medicaid Table 1 - Federal Poverty Level (FPL) Standard
Effective Date: April 1, 2026
**** 5% disregard chart , if it will make a difference in eligibility deduct amount from applicants total gross income for MAGI programs.
Number of assistance unit members being considered in the computation.
Maximum income standard for Family Care benefits.
Standard of income used to determine if Qualified Medicare Beneficiary (QMB) is eligible for assistance. Use the appropriate assistance unit size, but DO NOT exceed an assistance unit size of two.
Standard for Specified Low-Income Medicare Beneficiary (SLMB) #1, whose income is from 101% to 120%, DO NOT exceed an assistance unit size of two.
Standard of income used to determine if a Poverty Level for a child age 6-18 is eligible for assistance.
Standard for Qualified Individuals (QI) whose income is from 121% to 135% FPL, DO NOT exceed an assistance unit size of two.
Standard of income used to determine if a Poverty Level Pregnant Woman or a child through the age of 5 is eligible for
Standard used to determine if a woman is eligible for Pregnant By Choice.
Standard used to determine the second six months of continuing medical eligibility for families who have lost Family Care benefits due to an increase in earned income.
Standard of income used to determine eligibility for Kid Care CHIP.
Standard of income used to determine eligibility for the Breast and Cervical Cancer Treatment Program.
$ 2,982.00 is the maximum income standard for Nursing Home/Swing Bed, Community Choices Home and Community Based Waiver, Children's Mental Health Waiver, Employed Individuals with Disabilities (EID), Inpatient Hospital Care, Comprehensive and Support Waivers, INPAT PSYCH (Geriatric Hall at the State Hospital in Evanston), ICF-ID (Wyoming Life Resource Center), and Hospice.
Tuberculosis Income Standard:
Single $ 994
Couple $1, 491
Average Private Pay rate: $ 10,114
Spousal Maintenance Allowance: $ 4,066.50
Monthly SSI Payment Standard:
1. Single $ 994
2. Couple $1, 491
Dependent Deduction: $ 497.00
In-Kind Contribution: $ 331.00
Example: Gross Income + $ 331.00 = Total nonexempt income when 100% of food and shelter costs are furnished by another individual.
Medicare Part D Premium paid by Medicaid: $ 41.47
Use the following chart to determine the type of income and whether it is countable as Income.
In general, income that is taxable is countable and income that is not taxable is not countable. See below for some specifics.
Use the table as a guide for requesting verification when required.
Use one of the following primary documents to prove citizenship & identity. Check all electronic sources to verify citizenship and identity prior to requesting documentation.
Use when primary documentation of citizenship is not available. Check the birth cert application to verify citizenship prior to requesting documentation. In addition, a second document establishing identity MUST be presented.
Use when either primary or second level documentation is not available and the applicant or recipient alleges a U.S. place of birth. In addition a second document establishing identity MUST be presented.
Use in the rarest of circumstances, when primary, second or third level documentation is not available and the applicant alleges a U.S. place of birth. In addition, a second document establishing identity MUST be presented.
Use when primary documentation of identity is not available. A second document establishing citizenship MUST be presented.
All of the following must be provided:
A document from the Proof of Identification located in Medicaid Table 5 must be provided as well as ONE of the following:
The following documents will confirm both status and date of entry of Iraqi and Afghan Special Immigrants:
Effective Date: July 1, 2023
A. Use the table as a guide for requesting primary and/or second level documents to be used for verification, when required.
B. Require the applicant or client to provide no less than one primary source or two second level sources of evidence to verify each eligibility factor.
1. Require primary documents when it is obtainable.
2. Accept second level documents only when primary documents are not available.
3. One document may be used to verify more than one eligibility factor for all members of an assistance unit.
Previous Policy : April 1, 2021
Determine if each applicant or recipient meets one of the citizenship/immigrant eligibility factors, as indicated in the table below to qualify for benefits. Exclude an individual potentially eligible for Emergency Services.
Table 8- Countable/Available Resources
Effective Date: January 1, 2026
Achieving a Better Life Experience (ABLE) Accounts (AKA STABLE or WYABLE):
1. Exempt f unds in an ABLE account, when set up in any state that has approved for these accounts to be set up in Wyoming. The Governor's Council on Developmental Disabilities administers the ABLE accounts and determines if the individual meets the following criteria:
a. Eligible for Supplemental Security Income (SSI) based on disability or blindness that began before age 46;
b. Entitled to disability insurance benefits, childhood disability benefits or widow's or widower's benefits before age 46; OR
c. Someone who has certified, or whose parent or guardian has certified that he or she:
Has a medically determinable impairment meeting certain statutorily specified criteria; or
Is blind, and,
The disability or blindness occurred before age 46.
d. May contribute up to $20,000 to an ABLE account per year. When employed an additional $15,650 of income may be contributed to an ABLE account per year if not participating in an employer sponsored retirement option.
2. Exempt any amount retained, the first of the following month, when the payment from the ABLE account can be identified as a Qualified Disability Expense. Refer to Section 200 for Definition of ABLE accounts and Expenses.
3. Nonexempt – Count the amount retained, the first of the following month, when the payment from the ABLE account is identified as a Qualified Disability Related Housing Expense. Refer to Section 200 for Definition of ABLE accounts and Expenses.
Advanced Earned Income Tax Credit (AEITC):
Exempt as a resource for 12 months from the date of receipt.
Nonexempt - Count the balance and subtract any legal encumbrances.
Agreement in Escrow:
Nonexempt - Count the balance and subtract any legal encumbrances.
Annuities:
1. Nonexempt - Count any portion available to the client.
2. Exempt an annuity that was sold by a bank, insurance company, or other individual engaged in business of the sale of commercial annuities and the annuity is either:
a. An individual retirement annuity; or
b. A deemed Individual Retirement Account (IRA) under a qualified employer, or
c. An annuity purchased with proceeds from one of the following:
Traditional IRA; or
Certain accounts or trusts which are treated as traditional IRAs; or
Simplified retirement account; or
Simplified employee pension account; or
Roth (IRA)
3. Exempt an annuity purchased by the individual when set up on or after July 1, 2006 and meets the following criteria:
a. Irrevocable;
b. Pays out the principal and interest in equal monthly payments to the individual and is within the individual's life expectancy according to the Actuarial Life Table. Access the Actuarial Life Table through the official Social Security website at https://www.ssa.gov/OACT/STATS/table4c6.html .
c. Names the State of Wyoming, Department of Health, as the residual beneficiary of funds remaining in the annuity, not to exceed any Medicaid funds expended on the individual during his/her lifetime, unless there is a community spouse and/or a minor or disabled child, then the State of Wyoming can be named as the secondary beneficiary; and
d. Issued by an insurance company licensed and approved to do business in the State of Wyoming.
e. A transfer at less than FMV has occurred and needs to be determined when the annuity is not available to the individual, does not meet the exemption criteria and was transferred within the 60 month look back period.
A transfer at less than FMV has occurred if the life expectancy of the client is less than the life of the annuity, or the annuity is set up on or after November 1, 2004 and contains a balloon, back load or lump sum payment: if the following:
a. The life expectancy of the client is less than the life of the annuity, or;
b. The annuity was set up on or after November 1, 2004 and;
c. Contains a balloon, back load or lump sum payment and was transferred within the 60 month look back period;
d. The value of the transfer is the difference of the life of the annuity and the life expectancy and/or;
e. The amount of the lump sum, back load or balloon payment.
f. Determine the delayed period of eligibility, referrefer to Section M804 .
Example - How to determine the value of the transfer:
Male at age 80 has purchased an annuity for $12,000 to pay out at $100 a month for 10 years. His life expectancy is 8.13 years. The money was transferred into the annuity at less than FMV because of the life of the annuity is greater than the life expectancy. The remainder of the 1.87 or 22 months of payments, in the amount of $2,250 is the value of the transfer.
Antiques/Collectibles
Nonexempt - Count the average of two appraisals/estimates of the FMV and subtract any legal encumbrances.
Burial Funds
1 . Exempt $1,500 of burial funds in revocable burial contracts, certificate of deposits, bank accounts or other financial instruments. There is only one $1,500 exclusion for all funds set aside for burial. The burial fund must meet the following criteria to be exempt:
a. Burial funds are clearly designated and set aside for burial expenses for each person in the assistance unit.
b. Burial funds are kept separate from funds that are not intended for burial. If burial funds are mixed with other resources, not intended for burial, no portion of the funds are exempt.
2 . Exempt interest earned on burial funds when the fund was under the $1,500 at the time it was set aside for burial and has gained interest over time causing the fund to be over $1,500.
3. Exempt irrevocable burial contracts when the client cannot revoke, dissolve or cancel the contract for any reason.
4 . Exempt revocable burial trust, when there is an amendment in writing on the trust stating “I wish to make this an irrevocable trust” initialed by both the funeral home and the client or representative and dated.
5. Exempt a life insurance policy when ownership has been irrevocably assigned to a funeral home.
6. A transfer at less than Fair Market Value has occurred when the goods and services purchased from the funeral home is less than the cash surrender value of the Life Insurance policy.
a. The value of the transfer is the difference of the value of the life insurance and the amount of goods and services purchased from the funeral home.
b. Determine the delayed period of eligibility, refer to Section M804 .
Burial Plot
1. Exempt the value of all burial plots for the Medicare Savings Programs.
2. Exempt one for each person in the household assistance unit.
Burial Space Items
1. Exempt burial space items in an agreement, including any accumulated interest, when the purchase amount is paid in full.
2. Apply this exemption to burial spaces held for the client, client's spouse or any member of the client's immediate family.
Cash App Platforms
Nonexempt - Count cash value at time of application. No updated verification required at annual renewal. Cash App Platforms can include but is not limited to the following:
a. PayPal
b. Venmo
c. CashApp
1. Exceptions to this are as follows:
a. Resources in this account increased by more than $500.00
b. Client attests to a balance that would place them over the resource limit.
Cash Gifts
Nonexempt - Consider any money remaining the first of the following month as a resource.
Certificates of Deposit
Nonexempt - Count cash value after deducting any legal encumbrances.
Checking Accounts
Nonexempt - Count cash value after deducting any legal encumbrances.
Deduct any outstanding checks written and delivered to the payee prior to the first of the month that have not cleared, when the individual is over the resource limit.
Commingled Funds
Nonexempt - When previously exempt funds are commingled with nonexempt funds.
Contract for Deeds
Nonexempt - Count the unpaid principal balance and subtract any legal encumbrances.
Refer to Medicaid Table 2 for treatment of income.
Crypto Currency
Nonexempt - Count cash value.
DirectExpress
Nonexempt – Count cash value at time of application. No updated verification required at annual renewal.
1. Exceptions to this are as follows:
a. Resources in this account increased by more than $500.00
b. Client attests to a balance that would place them over the resource limit.
Earned Income Tax Credit (EITC)
Exempt - As a resource for 12 months from the date of receipt.
Educational Funds
Exempt - Educational loans, grants and scholarships which are designated for educational purposes only and not commingled with other nonexempt funds.
GoFundMe, Fundraiser or Donations
Nonexempt - Consider any money remaining, the first of the following month after receipt, as a resource.
Home
An individual's home is property in which they have an ownership interest and that serves as their principal place of residence. It can include any of the following:
a. The shelter in which they live.
b. The land on which the shelter is located.
c. Related buildings on such land.
d. Lots that share the same property line as the land on which the shelter is located.
1. Exempt the home, regardless of the equity value for the Medicare Savings Programs, Inpatient Hospital Care, and Hospice.
2. Exempt – the home, regardless of the equity value when lived in by the client’s spouse, a child under the age of 21 who is blind or disabled, or an adult disabled child.
3. Exempt the home when the equity value is at or below the Home Equity Limit listed in Medicaid Table 7 and is lived in by the client, the client's spouse, a child under the age of 21 who is blind or disabled or the dependent(s).
4. Exempt the home when the equity value is at or below the Home Equity Limit listed in Medicaid Table 7 and it is not lived in by the client, client's spouse, a child under the age 21 who is blind or disabled or a dependent, and the individual has completed and signed a Statement of Intent to Return Home ( DHCF-302 ).
5. Exempt property when a bona fide effort to sell is made and the client meets all of the following criteria:
a. Has been institutionalized and eligible for Medicaid for six or more months.
b. Has entered into a written agreement (contract) with the WDH regarding the proceeds of the sale of the property.
c. Pays the net proceeds of the sale to the WDH to reimburse medical assistance payments made on their behalf.
d. If the net proceeds exceed the amount of paid Medicaid benefits, a period of ineligibility will exist until the client has spent down the funds.
6. Exempt - property when the client makes a reasonable effort to sell property throughout a 9-month period of conditional benefits and provides the following:
a. Agreement to Sell Property ( DHCF-500 ) is complete and signed by the applicant, POA, guardian/conservator or Attorney-In-Fact and WDH Program Manager.
b. Documentation to show the property is up for sale:
■ Copy of the listing agreement with the real estate agency in current use;
■ Dated advertisement(s) indicating the property is for sale;
■ Contracts with the media to advertise the property;
■ A photograph of the "For Sale" sign on the property;
■ Copies of fliers or posted notices; or
■ Any other evidence of reasonable efforts to sell property.
c. Provide a copy of the approved Agreement to Sell Property to the Estate Recovery Specialist.
d. Reevaluate the exempt status in 6 months to verify the client continues to make a reasonable effort to sell the property and obtain documentation.
e. Reevaluate the exempt status at the end of the 9-month conditional benefit period, to verify the client continues to make a reasonable effort to sell the property, and obtain documentation.
■ Continue to exempt property with the original Conditional Benefit Agreement, after the 9-month Conditional Benefits period, when the client continues to make a reasonable effort to sell the property and has provided verification.
■ Reevaluate the exempt status every 6 months to verify the client continues to make reasonable efforts to sell the property and obtain verification.
f. Property is non-exempt when it is determined by DHCF that the client is not making a reasonable effort to sell the property.
g. Notify the Estate Recovery Specialist to initiate the process of seeking reimbursement for DHCF, when the property is sold or the client is not making a reasonable effort to sell the property.
7. The home, including all connected land and buildings, is Nonexempt when it is not lived in by the client, client's spouse or dependent(s) and the individual has not completed an Agreement to Sell Property ( DHCF-500 )
8. Evaluate as a resource under income producing property when a building connected to the home property is rented.
9 . Verify ownership of the home property at each yearly review.
Consider a rental payment as income when the exempt home is rented. The rental income, less rental expenses, is divided by the number of owners to arrive at the client's portion of the income.
Home Replacement Funds
Exempt the proceeds of the sale of an excluded home if the individual:
a. Plans to use the proceeds from the sale of the home to buy another excluded home, and
b. Uses the money to purchase a home within 3 full calendar months of receiving the proceeds.
Household Furnishings/Goods and Personal Effects
1. Exempt one wedding ring and one engagement ring per individual regardless of value.
2. Exempt items needed for medical or physical health conditions if they are not used extensively/primarily by other members of the assistance unit.
3. Exempt up to $2,000 total equity value of other household furnishings/goods and other personal effects not listed above.
4. Accept the client's statement when there is not evidence to the contrary.
Individual Indian Monies (IIM) Account (restricted)
Exempt IIMs when only monies listed under P.L. are deposited and BIA authorization is required to withdraw or use the deposited funds. Following are the IIM accounts which can be exempted:
All judgment funds/Funds held in trust:
Any tribe
Funds held in trust:
Alaska Native Claims Funds
Burns Indian Colony, Oregon
Pueblos of Zia and Jemez, Florida
Seminole Indians, Florida
Stockbridge Munsee Indian Community, Wisconsin
Judgment Funds:
Blackfoot, Montana
Grosventre, Montana
Indian Claims Commission of the Court of Claims
Yakima Indian Nation
Apache Tribe of the Mescalero reservation
Payments/Funds held in trust:
● Grand River Band of Ottawa Indians
● Leech Lake reservation, Minnesota
● Miccosukee Tribe, Florida (under $2,000)
● Mille Lac Reservation, Minnesota
● Puyallup Tribe of Indians Settlement Act, Washington
● Saginaw Chippewa Indian Tribe, Michigan
● Seminole Nation, Oklahoma (under $2,000)
● Seminole Tribe, Florida (under $2,000)
● Seneca Nation Settlement Act
● White Earth Reservation Land Settlement Act, Minnesota
Income Producing Property
1. Exempt up to $6,000 equity for income producing property essential to an individual's means of self-support if the property produces a rate of net annual return equal to at least 6% of the equity value.
2. Nonexempt - Count any portion of the property's equity value in excess of $6,000.
3. Continue the exemption if a property produces less than the 6% return but there is a reasonable expectation the property will resume the 6% production within the next 24 months.
Inheritance
Nonexempt - Count the cash or FMV when it is still available the first day of the following month.
Joint Bank Account w/Non-Assistance Unit Member
Nonexempt - In the month following the month of deposit when the client can legally withdraw the funds.
Land, Buildings and Other Real Property
(See Income producing property)
Nonexempt - Count the Fair Market Value (FMV) which is the selling price on the open market as set by current standards. FMV may be determined by a market analysis or appraisal by a realtor, or other knowledgeable sources who are familiar with property values in a given community and subtract any legal encumbrances.
If the property owned is a Timeshare that is owned in part or in whole by the client a FMV is to be determined as listed above. When unable to obtain such a value by regular means the client will need to provide verification of the following:
1. Initial purchase price
2. Annual maintenance fee(s)
3. Years owned by client
4. Percentage of ownership
Those values can be used in the Timeshare Value Calculator linked below to calculate the current FMV. Once calculated, you can use the percentage of ownership to calculate the resource value of the Timeshare.
https://calculator.academy/timeshare-value-calculator/
Exempt the value of an individual's ownership interest in jointly owned real property for as long as the sale of the property would cause undue hardship, due to loss of housing to a co-owner.
Undue hardship exists when co-owner provides a signed statement to the following:
1. Use the property as his or her principal place of residence; and
2. would have to move if the property were sold; and
3. has no other readily available housing.
For the purposes of determining financial eligibility, when the applicant/client has the legal right, authority, or power to liquidate the real property in which they hold a fractional interest, the valuation will be calculated as follows:
1. Start with the appraised value of the property, e.g. $314,000.
2. Find the value of proportional share(s) for the individuals whose ownership interest qualify as a resource to be used by the applicant/client for establishing eligibility, e.g. 7/16 of the total value $137,375.
3. Apply a discount reflecting that the interest owned by the applicant/client is not whole, but fractional.
a. For those with a minority interest of less than 50% ownership in the real property apply a 30% discount, e.g. $137,375 x .70 or $96,162.50 is the applicant/client’s real property valuation.
b. For those with a majority interest of 50% or more ownership in the real property apply a 20% discount, e.g. $137,375 x .80 or $109,900 is the applicant/client’s real property valuation.
4. The fractional interest discount does not apply for estate recovery purposes.
Life Estate
1. If the client retains the power to sell the property, determine the equity value to be compared to the resource limit.
2 . If the client does not retain the power to sell the property, determine if the life estate was transferred at FMV, refer to Medicaid Table 11 . Apply the penalty period due to a nonexempt transfer when the life estate was not transferred at FMV. Refer to Section 804 .
3. If the applicant/recipient purchases a life estate interest in another individual's home and has lived in the home for a period of at least one year after the date of purchase, determine if the life estate was transferred at FMV, refer to Medicaid Table 11 .
Apply the penalty period due to a nonexempt transfer when the life estate was not transferred at FMV. Refer to Section M804 .
4. If the applicant/recipient purchases a life estate interest in another individual's home and does not live in the home for a period of at least one year after the date of purchase, the amount of the transfer is the entire amount used to purchase the life estate. Refer to Section M804 for instructions on figuring the penalty.
Life Insurance
1. Exempt the cash surrender value of all life insurance policy for the Medicare Savings Programs.
2. Exempt a life insurance policy, or, if the client(s) owns more than one policy, combination of policies when:
a. The insurance is term insurance and does not generate a cash surrender value; or
b. The combined face value of all policies does not exceed $1,500.
3. Exempt life insurance policies that are designated for burial and meet the exempt criteria under the Burial Funds policy.
4. Exempt the cash surrender value when the combined face values of all policies do not exceed $1,500.
Livestock, Farm Machinery, Tools
Nonexempt - Count the average of two appraisals/estimates of the FMV and subtract any legal encumbrances when not used for self-support.
Exempt livestock when used for consumption in the individual's household or they are considered a pet of the household.
Loans
Exempt as income in the month of receipt. Consider any money remaining the first of the following month as a resource.
Lump Sum
Nonexempt - Consider any money remaining the first of the following month as a resource.
Medicare Set-Aside (MSA) Account
Exempt Medicare Set-Aside (MSA) Account. Refer to Section 200 for Definition of MSA accounts.
Mineral Rights
Exempt the value of mineral rights on land that is being excluded under the home exemption.
Nonexempt - Current market value of the land, includes the value of the mineral rights when owned by the individual.
Nonexempt - Count the CMV of the mineral rights when the land is not owned by the individual.
Obtain a current market value estimate from a knowledgeable sources or calculate the value of the mineral right by using the Royalty calculator. Some of the knowledgeable sources and Royalty Calculators are listed below:
a. Bureau of Land Management
b. U.S. Geological Survey
c. Any mining company that holds leases
d. Real estate brokers;
e. Banks, savings and loan associations, mortgage companies, and similar lending institutions
f. Local office of the Farmer's Home Administration (for rural land);
g. Local office of the Agricultural Stabilization and Conservation Service (for rural land);
h. Official of the local property tax jurisdiction (be sure to obtain the official's estimate rather than the office's assessment); and
i. County Agricultural Extension Service.
j. Calculate the value of the mineral rights by entering the average monthly royalty income on the Royalty Calculator from the websites below, using the 4 years of production value:
http://www.marcellusmineralowners.com/how-to-value-oil-and-gas-royalties/
https://bakkenmineralowner.com/royalty-calculator/
PASS Account
Exempt as a resource and any income deposited into the account is exempt.
Personal Care Contract
1. A “Personal Care Contract” (PCC) is an agreement between a caregiver and an individual to provide caregiver services for fair market value.
2. Payments made to family members through a PCC to delay or prevent entrance into a long term care facility are considered transfers for fair market value. Fair market value can be verified through the U.S. Department of Labor, Bureau of Labor Statistics Occupational Outlook Handbook at: https://www.bls.gov/ooh/healthcare/home-health-aides-and-personal-care-aides.htm .
The PCC must be established prior to payment of any services. Any payments made to the caregiver, prior to the date of the signed PCC, are considered a transfer for less than fair market value.
3. The written agreement must contain the following information:
a. The date the care begins,
b. A detailed description of the services to be provided,
c. How often services will be provided,
d. How much the caregiver will be compensated,
e. When the caregiver will be compensated,
f. How long the agreement is to be in effect,
g. A statement that the terms of the agreement can be modified only by mutual agreement of the parties,
h. The location where services will be provided, and
i. The notarized signature of both parties.
4. The following services may be provided through a PCC:
a. Preparing meals
b. Shopping
c. Medication management
d. Transportation to medical appointments
e. Paying bills
f. Light housekeeping
g. Assistance with activities of daily living.
5. The applicant or client must provide a detailed log to clearly identify the services provided under the PCC.The logs must include the date, time, amount paid, and services provided.
6. No services may be provided under a PCC while an individual resides in a long term care facility or receives services under a Waiver program. Advocating for services are not an allowable service under the PCC.
7. A caregiver may not duplicate services provided by a home health aide, nurse, medical professional, or other care provider hired to assist the applicant or client.
Promissory Note, Loan or Mortgage
Exempt funds used to purchase a promissory note, loan, or mortgage when it meets the following criteria:
1. Repayment term is actuarially sound (pays out within the individuals life expectancy). Refer to https://www.ssa.gov/OACT/STATS/table4c6.html to access the Actuarial Life Table through the official Social Security website.
Use this table to calculate the individual's life expectancy as of the date the promissory note, loan or mortgage agreement was initiated.
2. Provides for payments to be made in equal amounts during the term of the loan, with no deferral or balloon payments; and
3. Prohibits the cancellation upon the death of the lender.
Nonexempt - Count the unpaid outstanding principal balance and subtract any legal encumbrances as of the date of the individual's application, when the promissory note, loan or mortgage does not meet the exemption criteria.
Example - How to determine if the promissory note is actuarially sound:
A female at age 80 purchases a promissory note for $10,800 to pay out at $100 a month for 9 years. Her life expectancy is 9.58 years and is less than repayment term on the promissory note. The promissory note is actuarially sound.
Refer to Medicaid Table 2 for treatment of income.
Property Used for Self-Employment
Exempt property essential to the self-employment business.
Qualified Long Term Care Insurance Partnership
Exempt resources equal to the amount of the Qualified Long Term Care Insurance Partnership benefit payments, made to or on behalf of the individual. Refer to Section M801 for instructions on how to determine if the policy is a Qualified Long Term Care Insurance Partnership and how to exempt the resources.
Radiation Exposure Compensation Payments
Exempt unspent, including interest earned, are exempt as a resource.
Recreational Vehicles
Exempt the value of a recreational vehicle, with a motor, for the Medicare Savings Programs.
Nonexempt - Use the equity value of any recreational vehicles and apply the value toward the resource limit.
Reimbursement for Medical Expenses
Exempt - reimbursement for medical expenses when the client has already paid the bill.
Consider the remaining reimbursement as a resource on the first day of the month following the month of receipt.
Resource Replacement
Exempt any governmental payments which are designated for restoration of a home damaged in a disaster when the assistance unit must legally use the funds for that purpose.
1. Exempt cash and in-kind receipts from any source for the repair or replacement of an exempt resource which is lost, damaged or stolen for nine months from the date of receipt as long as the funds are not commingled.
2. Exempt - the interest earned on this money.
3. Planned use of the funds does not affect the exemption for the first nine months.
4. Reevaluate as an exempt or nonexempt resource when the money is used to purchase a resource other than what was or was to be repaired or replaced.
5. Count the cash and interest earned on the cash when it is still available at the end of nine months.
Retirement/Pension Plans/Funds
Nonexempt - Count the cash value stated by the employer, company, or financial institution when the client has the authority to withdraw the funds.
Exempt pension/retirement funds not available or belonging to an ineligible spouse.
Retroactive RSDI and SSI Payments
Exempt retroactive RSDI and SSI payments for the first nine months following the month in which the individual receives the benefits.
Nonexempt - Count any retroactive RSDI and SSI payment remaining, after the nine month period, as of the first day of the tenth month after the month of receipt.
Reverse Mortgage
(See Income Table)
Nonexempt - Count loan proceeds retained by the client beyond the month in which the funds are received as a resource the first of the following month.
Savings Accounts
Nonexempt - Count cash value after deducting any legal encumbrances.
Savings Bonds
Nonexempt - Count the current cash value of U.S. Savings Bonds and Treasury Notes. (The value can be obtained by contacting a local bank.)
Stocks, Mutual Fund Shares, Money Market Certificates, Bonds
Nonexempt - Count the CMV as of the first moment of a given month.
The closing price on the last business day of the preceding month is the CMV. The value canbe obtained from the published quotations in daily newspapers or local securities firm.
Tax Refund (Federal)
Exempt as a resource for 12 months from the date of receipt.
Tax Refund to Elderly and Disabled
Exempt during the month of receipt and count the remaining amount of the tax refund to the elderly and disabled as a resource on the first day of the month following the month of receipt for Medicaid.
Trust Funds
Nonexempt - Count the cash value when the applicant/recipient has a legal interest or has the legal ability to make the funds available to meet day-to-day needs or the funds can be made available upon request. Refer to Section M805 .
Vehicles – Licensed
1. Exempt the value of vehicles, with a motor, for the Medicare Savings Programs.
2. Exemp t one vehicle regardless of value if it is:
a. Necessary for employment.
b. Necessary for the treatment of a specific or regular medical problem.
c. Modified for operation by, or the transportation of, a handicapped person.
d. Necessary for the performance of essential daily activities.
3. Exempt any vehicle used in a trade or a business.
Vehicles – Unlicensed
1. Exempt the value of all unlicensed vehicles, with a motor, for the Medicare Savings Programs.
2. Exempt up to $4,500 of the trade-in value of one vehicle when not exempt.
3. Use the equity value of any additional vehicles and apply the value toward the resources limit.
Vehicles – Leased
Exempt during the contract or agreement period. If purchased, treat as a licensed/unlicensed vehicle, as appropriate.
Veterans Aid and Attendance (A & A)
Nonexempt - Count any money retained, as of the first moment of the following the month of receipt, as a resource.
Example of how to use Table 11 to determine the value of the life estate :
Client is age 65 and current market value of the property is $100,000:
Multiply the value of the property by the life estate value :
$100,000 X .67970 = $67,970 (Value of the life estate)
Subtract the value of the property from the life estate value :
$100,000 - $67,970 = 32,030 (Uncompensated transfer)
Refer to Table 9 to determine the resource transfer penalty.
Eligibility Online Manual Table 13 Facility Codes Effective Date: August 1, 2014
The following payments are Exempt in determining resources and Income for the Medicaid program when distributed under the Public Law cited in this Table. These payments are not exempt when commingled with Nonexempt funds.
The Beneficiary and Earnings Data Exchange (BDX) is provided to states monthly by the Social Security Administration. It contains information regarding social security recipients who also receive public assistance.
Use the BDX interface screen to identify persons active on EPICS. As a general rule a complete Benlist listing of all individuals covered under the State Programs and those on the SDX is printed once a year. This printout contains information on the yearly RSDI benefit amount which will be received by the client.
Payment Status (LAF) Ledger Account File - This contains the payment status code. See the table below for a list of codes:
Monthly Benefit (MBP) - This is the net benefit after deduction of the Part B Medicare premium, if the client is enrolled in Part B, due on the 3rd of the next month after the BDX record is produced.
Date of Entitle (DOEI) - This is the original date of entitlement to SSA benefits. This does not necessarily mean that the client has received benefits continuously since the date of original entitlement; there may have been a break in eligibility.
SSI Indicate (SSI INDC) - Client is or has been an SSI recipient. The letters SSI will be followed by a code to indicate the SSI status and a date which indicates the month and year the status became effective. See to following table for a list of the codes:
The fiscal agent for the WDH is CNSI . They are responsible for processing all provider claims for Medicaid clients. The WDH Customer Service center is responsible for processing eligibility for certain Medicaid groups. The WDH Long Term Care Unit is responsible for processing eligibility for Long Term Care programs.
Use the table below to assist when referring an individual to the appropriate agency when questions arise: